Reference no: EM133297696

It was the week before Christmas and all through the mall it was extremely busy. Frank and Mary Dehaney were in the mall parking lot searching for a place to park. They noticed a car leaving the next aisle, so Frank Dehaney jumped out of their vehicle and ran over to "stand guard" while, wife drove around to park. Before his wife could get to the spot however, Bruno Grey drove up and in an irritating manner blew his horn for Frank to move so that he could park. Frank refused to move and insisted that his wife was on her way to the parking area. Grey decided he wanted the spot and on two occasions moved his car toward Frank, stopping just before making any contact. At this point Frank who became extremely annoyed at Bruno's actions, shouted some curse words at Bruno. Bruno became angry, then drove his car again toward Frank, this time causing his car to touch Frank. Bruno kept moving his car toward Frank, leading to Frank slipping and breaking his arm in the fall. Frank's wife Marsha Dehaney had driven up while all this was going on, and was extremely upset, so much so she dropped a hot cup of coffee in her lap, resulting in third-degree burns to her.

1. What is the nature of the tort or torts which have just occurred in this mall's parking lot?

2. Is provocation available as a defence for Bruno? Explain the reason(s) for your answer to this question.