Torts Hypo

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Torts Hypo

Postby uwb09 » Sun Sep 26, 2010 2:08 am

Sorry, no answer provided, we were given it during orientation and I just found it buried in my desk, figured I would share for people looking for practice/discussion, pretty sure it's an old exam question

60 Minutes

Wendy runs a wedding planning business. Tanya hired Wendy to plan her wedding because Wendy was the only planner in town able to promise 5000 pink tulips for the wedding. Tanya repeated many times that the flowers were the most important aspect of the wedding to her. Wendy promised the 5000 flowers after she told her supplier, Franklin Flowers Inc., about the situation. Franklin Flowers had assured Wendy they could deliver the tulips. Franklin Flowers knew that they could only deliver 1000 flowers for certain, and were uncertain of the other 4000, but believed the promise was needed to insure future business with Wendy, and that 1000 would be acceptable. On the day of the wedding, only 1500 tulips were delivered, and Tanya was crushed.

She went to Wendy’s office the next day with a lighter and a starter pistol in her purse. She first let Wendy know that she was exercising an option in their contract for a full refund because of the flower issue. Wendy agreed. She then pulled out the starter pistol (which only shoots blanks), told Wendy “I feel like killing you”, and demanded to know why the flowers were not delivered. Wendy explained Franklin Flowers’ assurances that the flowers, would be delivered, and Tanya responded that she would burn their warehouse across town to the ground.

Tanya pointed to a closet with the starter pistol and told Wendy to stay in the closet. Wendy sat in the closet for one minute, then left. Wendy had recognized that the pistol was not real, but was worried that Tanya might break or throw something, and hoped that Tanya would simply calm down. She went back to work, thinking that Franklin Flowers deserved any trouble they received.

Tanya, still incensed, drove to a Franklin Flowers distribution center. While driving, she ran over a stop sign and drove on. 10 minutes later, Albert drove past the spot where they sign had been, didn’t notice the “stop” painted on the ground or the broken sign next to the road, and hit Suzy’s car as she legally drove through the intersection.

When Tanya arrived at the Franklin Flowers distribution center, she walked in the door, pushed the receptionist to the ground, and went into the back room. There, she began trying to set piles of flowers on fire with her lighter. The receptionist saw the starter pistol as Tanya entered, and told the security guard that Tanya was in the back with a gun. When the security guard went into the back room and saw Tanya still unsuccessfully trying to set the pile of flowers on fire, he immediately shot and seriously injured her.

Discuss each party’s potential claims under tort law.

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