Question
It was a week before Christmas and Frank and Marsha DeValeriote were in the mall parking lot searching for a place to park. They noticed
It was a week before Christmas and Frank and Marsha DeValeriote were in the mall parking lot searching for a place to park. They noticed a car leaving in the next aisle, so Frank jumped out of their vehicle and ran over to "stand guard" while his wife drove around to park. Before Marsha could reach the spot, Bruno Greyson drove up and honked at Frank to move so that he could park. Frank explained that his wife was on her way, and refused to move. Greyson decided to force the issue, and two or three times moved his car quickly towards Frank, stopping just short of contact. At this point Frank, who had not moved, shouted some obscene words at Bruno who, infuriated, drove forward until his car touched the other man. Bruno kept moving gently forward. Frank slipped, breaking his arm in the fall. Marsha had driven up as this was happening and was so upset that she dropped a fresh cup of coffee in her lap, causing third-degree burns.
a) What is the nature of the tort or torts which have occurred?
b) Is provocation available as a defence for Greyson? If not, why?
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