Fact Situation Number 1: Penny serves David with a summons and complaint. The complaint alleges that David cheated on an examination and received an "A" in the course. Penny was in the same class and was borderline between an "A" and a "B." Because of the instructor's grading curve, David's grade pushed Penny's down and she received a "B." This lowered her grade point average and reduced her job prospects. Penny asks the court to reduce David's grade to an "F" and change her grade to an "A." In the alternative, she asks that David pay her a sum representing her reduced earning capacity for the remainder of her life.

Discuss: What pleadings might David file, and why would he choose to file those pleadings. What types of relief is Penny seeking? Is it a law remedy or an Equity Remedy? Explain your answer Discuss the proofs that Penny will need and the defenses David may have. Does the School have any liability or is the professor responsible?

Fact Situation Number 2: Tracy Smith is driving to work and encounters debris in the road. She swerves to avoid the debris, which causes Mark Haskins, who is coming from the other direction, to drive off the road into a tree. His passenger Monica Johnson was changing her shirt; therefore did not have a seatbelt on when they struck the tree. She was thrown from the car and was seriously injured. Harold Hardaway was driving his truck earlier when suddenly a wheel had come loose which caused his truck to tip, dumping all his tools and ladder on the road. He had also ended upside down in the ditch. He was uninjured but was dazed and was wondering around when Tracy came by. You need to identify all the potentially liable parties and the specific tort or contract theory that would be used by Monica's attorney. Also, list the defenses that would be used by any of the parties that Monica would sue.

Discuss all the tort theories that "reform policies" should address in a fact situation like this. Presume that Tracy and Harold are insured but Monica and Mark are not.

Would your discussion change if Mark was working as Monica's driver since she was a professional model on the way to a shoot? Would your answer change if Mark Haskins had just had his snow tires put on his car by Mathews Tire, Inc.? Include an analysis of the four elements you must show to prove the existence of a Tort. Also include the doctrine of foreseeability.