Week 5

2. First, the Parkers were contractually obligated to pay the late fees because the fees were not exorbitant and were part of the parties' lease contract. However, unless the lease contract specifically says that the late fees could be charged as additional rent, then the landlord could not consider the late fees additional rent. If the late fees cannot be considered additional rent, then the Parker's failure to pay the late fees cannot be used as a basis to evict the Parkers.

7. The parents and the child probably should not be permitted to recover for emotional distress, although they would be entitled to recover for actual damages. Infliction of emotional distress is an intentional tort, which requires a plaintiff to establish that a defendant acted with a reckless disregard for the likelihood of causing emotional distress and that the Squibb's conduct was outrageous. Therefore, if Squibb knew...
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