Question
James Sullivan and Noah Welnick are law students at Birmingham School of Law who are competing for the position as the top student in the
James Sullivan and Noah Welnick are law students at Birmingham School of Law who are competing for the position as the top student in the school. James Sullivan, who comes from a working-class background, desperately wants a Summer Associate position at one of the top Birmingham law firms and believes that he will only be able to obtain such position if he ranks number one in his law school class. Noah Welnick comes from a very prominent family in Birmingham and has several family members who are lawyers. On the eve of their finals, James Sullivan hatches a devious scheme to destroy Noah Welnick's focus with the hopes that Noah Welnick's grades will suffer. James Sullivan has one of his old friends Sherri Li, who happens to work at a prominent hospital in New York City, call Noah Welnick pretending to be a nurse from an emergency room in New York City. Sherri Li tells Noah Welnick that his father suffered a fatal heart attack while with a high paid escort and passed away in an exclusive hotel on a business trip. According to Sherri Li, the hospital got Noah Welnick's phone number from Noah Welnick's cell-phone. Frantic, Noah Welnick calls his mother and his other family members who verify that Noah Welnick's father was in New York on a business trip. He then calls his father's phone and the phone goes to voice mail immediately. Not having any reason to question the truthfulness of Sherri Ling and thinking that his father died, Noah Welnick starts driving to New York. The next morning as well the day of his Property exam Noah arrives in New York and discovers that his father is alive and well. Frantically, Noah Welnick calls his Property Law Professor, Elmo O'Leary, to explain why he missed the exam. Not believing Noah Welnick's story and thinking that Noah Welnick suffered a nervous breakdown, Elmo O'Leary calls Student Affairs who place Noah Welnick on leave from school due to mental illness. However, within a week, the Dean of the school learns about James Sullivan's scheme and then allows Noah Welnick to sit for his exams. Because Noah Welnick had an additional week to study for his exams, he receives all A+s on his exams and then receives an offer for a Summer Associate position, while the law school expels James Sullivan.
Can you identify any intentional torts? Do the potential defendants have any applicable defenses?
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