Question
Case #1- Lowell Bray was about to open the door of a restaurant owned by Kate, Inc., when he slipped on some ice and fell,
Case #1- Lowell Bray was about to open the door of a restaurant owned by Kate, Inc., when he slipped on some ice and fell, injuring his shoulder. He stated that he could not see the ice but felt it when he slipped. Bray sued Kate, Inc., for damages, alleging that Kate, Inc., by failing to remove the ice from in front of its restaurant door, had breached its duty of care to Bray and was thus negligent. What should the appellate court do on appeal and base your answer on the correct legal basis. Discuss who should win this case considering the tort of negligence and all of the allowable legal defenses. What should the court hold and state the legal reasoning for this holding. Explain the definitions of the legal terms relied upon in this case. What is the legal basis for the Plaintiff's case? Substantiate your answer by legal reasoning. What is the legal basis for the defendant (the property owner)? Explain this defense. Substantiate your answer by legal reasoning. Bray v. Kate, Inc., 235 Neb. 315, 454 N.W.2d 698 (1990).
- Analyze each of these three cases in your mind and then state the legal issues to be considered.
2. Evaluate the legal issues in this case and determine the strengths and weaknesses of (a.) the suit by the Plaintiff against the defendant. List the strengths and weaknesses you identify.
3. Deduce logical and specific arguments based on the information you have learned in Chapters 1, 4, and 6 of your textbook and what you have learned in this course. (I am looking for verifiable deductions from the material we have covered and not just your opinion).You also must cite the source which is the basis for your deduction such as the cases or the writings that are similar which we have covered.You may also seek and cite outsource reputable sources.
4.Infer and state your logical legal conclusions based on your analysis, evaluations, and evidence you have previously stated.This legal conclusion should include (a.) who should win the law suit, and legally why and (b.) who should win the law suit.
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