Question
1. You work at a local nursery, Green Life. You are responsible for checking customers' receipts with the items in their cart to be sure
1. You work at a local nursery, Green Life. You are responsible for checking customers' receipts with the items in their cart to be sure everything is on the receipt. It is very busy but you believe you see a customer add a small plant to their cart after they went through the checkout line but before they get to you. You yell "Stop thief, you just stole that plant!"The customer is incredulous, says they did not steal a thing and has already paid, and walks right past you.Your colleague tackles the customer to the ground just as the customer happens to be spotted by his current work supervisor. You and your colleague take the customer back to the security office to review the receipt with the cart of items.After an hour, you don't find any evidence that something was stolen, so you release the customer and apologize for the mix-up. The next day the customer returns to his job and is fired for being "a thief" by his supervisor who witnessed the events at the store the day before. What specific torts (minimum of 3) will the customer bring against Green Life, you, and your colleague? What legal defenses will you, your colleague, and Green Life raise?What will be the likely outcome of each claim and why?
2. Every summer Jacinda makes coconut macaroons for her birthday. She must temper chocolate to top the macaroons. This takes a long time on the stovetop and it burns easily. Jacinda hears about a small kitchen appliance called the Choosy Chocolate Chef that has just come to market.It tempers chocolate in half the time of the stovetop method and keeps it at the right temperature so you can work with the chocolate a long time. Jacinda excitedly buys the Choosy Chocolate Chef. Jacinda uses the Choosy Chocolate Chef as directed and hot chocolate splatters out of the appliance and severely burns her face. The Choosy Chocolate Chef underwent proper development testing and quality control inspection. Under what legal theory for liability does Jacinda have the best chance of recovery for her injuries?What must Jacinda prove to recover under this legal theory?
3. Marcus loves to go to baseball games and he has great season tickets close to the field.During the last season, Marcus was very unlucky.He was hit in the face with a baseball that broke his nose, had a retaining wall fall on his head creating a head injury he needed stitches for, and had a food server spill ketchup on his very expensive new gym shoes ruining them.He sues the ballpark for all three injuries and claims it is responsible for his medical bills to set his nose, get stitches in his head, and the cost to replace his ruined shoes.Under what legal theory will Marcus bring all three of these claims?What is the ballparks' best legal defense? As to each of the three claims, explain whether Marcus will likely be successful or whether the ballparks' defense will work and why.
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