A home builder (General Contractor, hereinafter referred to as "GC") broke ground to build a beautiful 2500 sq. foot home. As always, he had to hire many contractors for various aspects of the project. He hired a cabinet subcontractor, Marco, to install the cabinets.

The cabinets were ordered and Marco was scheduled to install accordingly. On the day of installment, the GC went to the house to check on the progress. When he arrived, Marco was not there. GC called Marco and Marco assured him he was on his way. Feeling as though the situation was resolved, the GC left.

Later that afternoon, the GC was enjoying himself at a birthday party when he looked up and noticed that Marco was across the room at the same party! Furious about the fact that Marco was not at the house installing the cabinets and realizing that he had been lied to, the GC started screaming at him in front of everyone, "You thief and liar! You are the worse sub I have ever hired. You have yet to do anything right. No one will want to buy the house because of you!"

Marco responded very casually and told him to, "chill out." As a result, the GC picked up a piece of birthday cake and shook it in a threatening manner towards Marco.

Just then, the clown that was hired to entertain the kids at the party started to blow his whistle to get the kids' attention. Startled, the GC spun around, and the cake accidently flew out of his hand. It hit Marco in the face, stinging his eyes. Because he was allergic to some of the ingredients in the icing, Marco's eyes began to swell and he immediately left the party to go to the ER.

Later that night, still furious at Marco, the GC took to his Facebook page and posted a long rant about Marco, his business, and his lack of professionalism. He repeated, in a variety of different ways, what he screamed at Marco at the party.

The next day, the GC went to the house and found Marco working on installing the cabinets. Still angry that the cabinets weren't installed on time, GC locked Marco in the bathroom where he was working, demanding an apology. The GC did not let Marco out until he apologized.

Marco hurriedly finished his work, installing all the cabinets, and left the house, never to return.

A few weeks later, the new homeowners moved in. Less than a week after they moved in, two cabinets, one in primary bathroom and one in the kitchen, cracked as they were opened. The homeowners want to sue for negligence.

Marco ends up having eye damage, which caused permanent blurriness in the left eye.

1. List any and all intentional torts that Marco can bring against the GC. Explain your reasoning.
2. List any all defenses that the GC has against the tort claims by Marco. Explain why the defenses are valid.
3. Dose the homeowners have a valid claim for negligence? List the 4 elements of negligence and explain how the facts fit into each element.
   1. If so, who can the homeowners sue?
   2. Does the person or people the homeowners sue have any valid defenses? If so, what are they.

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