This question should be answered in an IRAC format. Please include all relevant keywords, terms, and phrases when discussing each topic.
Pamela Pamson was leaving the country for an extended vacation. Because there had been a number of home burglaries in her neighborhood recently, she asked her friend, Thomas, to look after her house. Thomas agreed to leave his car parked in Pamela’s driveway, pick up the mail, and turn on the lights in the house for a few hours each evening and feed her two cats.
After a week, Thomas got tired of his housekeeping duties. About that time, he also learned that Pamela was not a good friend. She had told a number of their mutual acquaintances that Thomas was “the only loser that had so little of a life that he could care for her house.” Thomas removed his car from the driveway, stopped picking up the mail, left all the lights off in the house, and stopped feeding her cats. Thomas also writes Pamela, telling her what he thought of her. He put the letter in an envelope with Pamela’s key, and tacked it to Pamela’s front door. The outside of the envelope read “TO PAMELA WHEN SHE GETS BACK FROM HER OUT OF COUNTRY VACATION, FROM THOMAS THE LOSER.”
When Pamela returned from vacation, her home had been burglarized. The key and Thomas’s letter were on the floor inside the front door, and there was no sign of a forced entry.
If Pamela sues Thomas in negligence for damages resulting from the burglary, Pamela should:
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This question turns on whether Thomas breached his duty to act. Usually, there is no duty to act. Why is this case different? Are the other elements of negligence present?
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