Answer & Explanation:After reviewing the fact pattern below, apply the IRAC method of legal analysis and identify all conduct that may be a tort regardless of the identity of the tortfeasor (though you should identify the tortfeasor and injured party for each tort). Your analysis should:Follow the template below of the IRACBe no less than three and no more than six pages in length (double-spaced, 12 point font).For the purpose of this exercise, treat the text’s definitions of an intentional tort, negligence and strict liability as the legal rules to be applied. Don’t worry about the whether a particular tort claim has merit, simply examine the facts and apply the rules to identify potential tort claims.Module 1 Fact PatternExample of the IRAC template:Facts[Provide summary of key facts.]Issue(s) Presented[List the issue to be resolve in the form of a question or a declarative statement (e.g., Is the claim barred by the statute of limitation? Or whether the claim is barred by the statute of limitations. Remember that there may be more than one issue. ]Rule[List each legal rule (i.e., Constitutional Provision, Statute, Regulation or Case Law) that must be applied to the facts to resolve each issue. ]Analysis[Apply the law to the facts. ]Conclusion[State the outcome of applying the law to the facts. ]

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Tori’s Tortious Day
Tori is thirty-two years old and just completed her culinary training as a chef. She’s married
to Tom and is the mother of Terry, a six-year-old boy. The family also has a golden
retriever named Tully that can be a bit tenacious at times. Tori just started a job as a sous
chef for a hip downtown restaurant. She enjoys cooking, reading, softball, hiking, and
Tori and her family recently moved into a new home in the burbs. It is a three bedroom,
two bath split-level house. The backyard is fenced for the dog and also contains an in
ground swimming pool that the family is enjoying this summer. Like most American
families, Tori and Tom drive their own vehicles. Tom drives a truck while Tori drives a
Tori wakes up one fine spring morning to the demands of her son to honor her promise to
play catch outside before going to work. She begrudgingly complies and stumbles into the
bathroom to get ready for the day. She grabs a hot cup of coffee. Instead of paying
attention to where she is going, she is trying to catch a bit of the news playing on the T.V.
as she heads out the door and carelessly runs into Jim, an old college buddy of Tom’s that
visiting, spilling the hot coffee on him. This results in a stain to his new white shirt and a
mild burn on his hand.
After quickly apologizing, she heads out door where she finds her son with a bat, ball and
glove. She takes one look at the bat and tells her son there is no way she’s going to let him
punch a hole in the neighbor’s window. It’s catch or nothing. After whining a bit, Terry
concedes and grabs his glove and the two commence spending some quality time together.
Terry gets cocky near the end and one of his throws goes wide and ends up in the
neighbor’s yard. Tori curses under her breath, as she doesn’t get along with Martha, her
neighbor. She quickly climbs over the short fence separating the property to retrieve the
ball before Martha finds out. However, she loses her footing and stumbles into a bed of
Martha’s tulips, crushing a few of them. She quickly grabs the ball and climbs over to her
side of the fence. She tells Terry that practice is over and goes back inside to get ready for
Tori sees that Jim has changed into a new shirt is reading the paper at the kitchen table.
She decides to grab a grapefruit out of the fridge for a quick and nutritious breakfast. While
she is in the process of cutting her fruit, Jim, like Tori before, isn’t paying attention and
bumps into her while getting a refill of his coffee. The bump caused the knife to slip and she
slices her finger. As a culinary professional, she’s used to knife lacerations and expertly
bandages up her finger, eats her grapefruit and hauls Terry off to school.
As she approaches the school, she sees the familiar war zone that is the school’s parking lot
full of staff coming to work and parents dropping kids off for the day. Tori’s a bit behind
schedule and is afraid she’s going to be late for work. She’s stuck at a stop sign at an
intersection in front of the school. The cross traffic doesn’t have to stop. Tori misjudges
the speed of a car approaching and ends up getting clipped by the car who was unable to
stop in time. She’s shocked but not injured. She quickly makes sure that Terry is all right
and finds him a bit excited but securely fastened into the car’s seatbelt. She grabs her proof
of insurance from the glove box and goes out to face the music. As she leaves the car, she
sees that the other driver is walking over and doesn’t look happy.
The owner of the other car is Max who, just like Tori, is dropping his child off to school. Max
is very mad and starts to scream threats of physical harm to Tori because his daughter is
crying and frightened by the accident. Max goes so far as to push Tori against her car in
anger. Max sees that Tori is really scared and also sees others are coming to checkout the
scene he is making. He calms down and mutters a half-hearted apology. They then proceed
to survey the damage and find that both cars received some minor damage to their
respective bumpers. They exchange insurance information and wait for the police while the
school’s crossing guards take their children to school. After taking the statements from Tori,
Max and some other witnesses, the officer gives Tori a traffic citation.
Tori arrives to work an hour late. Her boss isn’t happy and warns her that tardiness can lead
to termination. She spends the rest of the morning preparing sauces necessary for the lunch
menu. Her concentration is lacking and she accidently spills a saucepan full of a garlic butter
sauce onto the floor. She grabs a mop and quickly cleans up her mess. However, she didn’t
do a good job and a few moments later a member of the kitchen staff, Mary, slips on the
greasy floor. Fortunately for Mary, she was able to avoid a fall, but unfortunately, she
twisted her ankle and had to take the rest of the day off.
During Tori’s lunch break she remembers that Tom asked her to cancel their cable as they
decided to change to satellite television. During the call, the cable company tells her that
she entered into a two-year agreement that has not expired and that she’ll have to pay a
penalty if she wants to cancel. Tori’s not happy, but begrudgingly agrees to pay the stiff
penalty and cancels the cable.
Upon returning from to work, Tori stops by the break room to drop off a snack in its fridge.
She spots a bag of cookies on the counter labeled Carl, one of the other sous chefs. She
figures Carl won’t mind and snags one of his cookies before going to back to work.
After work, Tori heads to her yoga class. She’s relatively new to yoga but finds it relieves
her stress. Her instructor demonstrates an advanced headstand pose to her. She tells him
that she doesn’t think she can do it. The instructor tells her that she can and he and her
friends pressure her to give it a try with his help. The instructor successfully gets Tori on her
head. However, Tori loses her balance and falls before the instructor is able to correct her
position because he was distracted by a question asked by another student. She strains her
neck and stops by an urgent care center. She is told that she a minor sprain and is advised
to wear a neck brace for a few days. She finds out later that her neck injury was more
serious than the urgent care center diagnosed because they didn’t take a CT Scan. She
would have to undergo invasive surgery to correct a spinal injury that was exacerbated by
the delay in treatment.
After leaving the urgent care facility, Tori heads over to a pharmacy to have her pain
prescription filled. While waiting, she heads next door to one of her favorite department
stores. She spots a bracelet she likes that’s on display. The sales clerk is busy with someone
else and the bracelet is just lying on a sale table with other merchandise so she helps
herself like another customer is doing. She takes off the bracelet she is wearing and tries it
on. She decided that it wasn’t worth the price and puts it back and puts her own back on.
The moment she exits the store she is stopped by a plain-clothes security guard from the
store who accuses her of shop lifting the bracelet she is wearing. She is told to come back
to the store.
Tori politely explains to the security guard that she had tried on a bracelet but that the
bracelet she is wearing is her own. It wasn’t even purchased at the store. In fact, Tori
explains the bracelet was a custom piece her husband had made by a jeweler for her
graduation present. The security guard isn’t buying it. He tells her the sales clerk in the
department saw everything and reported you. Tori gets angry and tries to leave, but the
guard stands in her away and commands her to come back to the security office where she
will be questioned, the store’s security tapes reviewed and the police called after the tapes
confirm the theft. Tori looks around and sees other customers gawking. With the security
officer standing in her path she no other option but to comply and go inside the store. After
about twenty minutes of review, the security tape clearly shows that Tori is innocent. The
security officer gives her a curt apology and tells her she is free to leave.
Tori goes to the pharmacy and picks up her medication. She was in no mood to make dinner
after the day’s events so she stops by a burger joint to pick up some burgers and fries for
her and the family.
Upon pulling into her driveway, Tori is immediately accosted by her neighbor, Martha, who
has apparently awaiting her arrival with eager anticipation. The old lady accused Tori of
destroying the tulips along the fence. She was screaming at the top of her lungs, which
drew the attention of all neighbors outside and pedestrians walking by. It was quite
embarrassing for Tori who was about to apologize when the old lady started to accuse her of
being a bad parent, a career criminal and even a drug user – all of which were patently
false. Tori told Martha to get off her property, but instead Martha continued to advance
towards Tori who was starting to get angry. Fortunately, Marvin, Martha’s husband dragged
Martha back to her house. Tori looked around in dismay at all the neighbor staring at her
and whispering to each other. She went inside and dropped off the food on the kitchen
table and went to her bedroom to cry.
She emerged about a half-an-hour later and ate a cold cheeseburger and decided to walk
Tully, their dog, before it became dark. She leashed Tully and started for the neighborhood
park. Upon arriving at the park, Tully spotted a couple of kids playing Frisbee. Tully broke
free from Tori’s grasp and intercepted the Frisbee, ran off and started to chew it up. Tori
was eventually able to retrieve the Frisbee from her golden retriever and handed the
somewhat damaged Frisbee back to the kids. She cringed when she noted that one of the
young boys was Martha’s grandson. She decided to leave the park quickly in case Martha
was around to make another scene.
Before leaving the park, Tully decided he needed to defecate. Tori had forgot to bring along
a baggie for the waste and decided to leave it in violation of the local city ordinance. She
figured that the park could use the fertilizing anyway.
Upon returning home, she discovered that her wonderful husband had already put Terry to
bed for the night and poured her a nightcap. She drank it down and poured another,
figuring that she deserved it after the day she had. She went to her bedroom, snuggled up
to Tom and watched late night television until she fell asleep.
Tori woke up around 3:00 in the morning after she heard vomiting in the bathroom. She
decided to investigate. She was starting to feel sick herself. When she entered the
bathroom, she saw her son and husband hunched over the toilet retching. She soon
followed. After a round of group projectile vomiting, she determined everyone had a high
fever and stomach cramps. She was concerned that the whole family was sick so she called
her sister Becky who is a nurse.
After hearing the symptoms, Becky asked what the family had eaten for dinner. Tori told
her some cheeseburgers and fries from the fast-food restaurant. Becky told her to get to
the ER. She informed Tori there was an outbreak of e-coli in meat used by the fast food
chain. Although the tainted meat was supposed to have already recalled, given their
symptoms, they may have eaten some tainted meat that was not sent back or cooked
Sure enough, the ER confirmed Becky’s suspicion. Tori and her family were infected with ecoli.

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