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QUESTION 1 (Torts) Barry is a licensed barber. Recently, he has considered changing from the straight razor that he has always used to a new type of electric razor. The primary advantage of the new razor is that it eliminates the possibility of the customer being cut in the process of getting a shave. In general, barbers prefer the tradition of using the straight razor to the electric razor because it allows them to better show off their skills as a barber. Although not all agree, some believe that the straight razor gives a closer shave. The new electric razors have, however, been scientifically established to provide just as close a shave as the straight razor. Barry continues to shave men as he always has because he enjoys the use of the blade, and because the electric razor is expensive. He is also concerned about the reliability of these new devices under the heavy use they would receive in his barbershop. Moe comes into Barrys shop to get a shave. Halfway through the shave, Moe suddenly jumps up from the chair, cheering because he checked his smartphone and saw his favorite baseball team scored a run. In the process, Barrys straight razor creates a fairly deep gash on Moes throat. Moe punches Barry, giving him a black eye.

1. Is Moe likely to prevail on a negligence claim against Barry?Discuss
2. Is Barry likely to prevail on an intentional tort claim against Moe? Discuss.