Question
Neighbors A and B have been arguing for months over their respective property rights. One day, A walks into B's kitchen and says, I've had
Neighbors A and B have been arguing for months over their respective property rights. One day, A walks into B's kitchen and says, "I've had it with you. Tomorrow morning I'm calling my lawyer. He'll chew you up like bubble gum." Then, for dramatic effect, A grabs an apple from B's kitchen table and savagely bites into it, then walks out. B sues A for trespassing, conversion, malicious prosecution, and assault. Discuss why B should or should not prevail under each of these causes ofaction.
Identify all possible torts and the elements needed for a prima facie case, then analyse the fact pattern in terms of the elements, and conclude with a statement as to whether the facts supply the elements or not. Students will not receive full credit if they just identify possible torts. If you feel that B will not prevail on the claims brought, state what element or elements are missing.
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