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Dawn Tested Consumer Food Products at Her House and Published

Question 106

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Dawn tested consumer food products at her house and published the results in Dawn's Cyberspace Homepage , a monthly Internet newsletter. One month Dawn tested Hornet Snacks, a regionally distributed food product from her hometown of Mountain City. Unfortunately, the review was terrible and Kelly Armoire, the President of Hornet Snacks, was outraged. Kelly visited Dawn at her home in an attempt to convince her to retract her review, but was unsuccessful. After his efforts failed, Kelly drew an unloaded pistol from his jacket and pointed it a Dawn and said, "I'm going to blow you away." Kelly knew the gun was unloaded, but Dawn did not. After a few seconds, he put the gun away and left while muttering "I also hate rabbits." Has Kelly committed a tort?

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Did Kelly commit the tort of assault whe...

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