Question
Henry owns a local hardware store and employs Irina and Joe as his sales associates. Kevin and his wife Lisa enter the store looking for
Henry owns a local hardware store and employs Irina and Joe as his sales associates. Kevin and his wife Lisa enter the store looking for a new grill. Please answer the following questions:
1.Suppose that Joe had washed the floor with soap but did not remove the soap well causing Lisa to slip and break her ankle. Lisa sues the store but Henry argues that Lisa's fall was caused by Joe not the store so she should sue Joe. Is Henry's claim correct or not?
2. Suppose that when Lisa slips she is knocked unconscious and is lying on the ground as a stock machine is heading toward her. Tovar, another customer, jumps to save Lisa from harm and has his leg broken by the machine. Does Tovar have a valid claim against the store here?
3.Suppose that Irina leaves the store at the end of the workday and goes to a bar two blocks away. There she drinks so much that she stumbles out of the bar and get into her car, hitting Mary two blocks away. Does Mary have a valid claim against Irina, Henry, the bar, or the store on these facts? Why or why not?
*MULTIPLE CHOICE * Finally suppose that Joe tells Kevin that a Blackstone grill Kevin is looking at is the best looking grill Blackstone makes, is so simple that it can be used by a blind man, and is safe to use indoors. Kevin asks five of his friends if these statements are true, and four of them believe that the statements are all true. Based on the responses of his friends, Kevin buys the grill. Later, Kevin discovers that there are a few better looking Blackstone grills, is not safe for indoor use as no grills are, and burns himself when he tries using it with his eyes covered to see if the grill can really be used by a blind man.Based on the facts, we can conclude that Kevin
- Can sue for fraud on all of these claims because Joe clearly lied to Kevin knowing Kevin would rely
- Cannot sue for fraud on any of these claims because none of them satisfy all the requirements for fraud.
- Can sue for fraud only for the blind man comment because the other two claims are based on opinion only
- Cannot sue for fraud on the blind man claim because covering your eyes is not the same as being blind.
IDENTIFY AND APPLY THE LAW
AT LEAST 250
color code the conclusion in blue, the law in green, and red to use the law in terms of the prompt
list of laws:
Elements needed for Fraud
Elements needed for Negligence
Respondeat Superior
Battery
Transferred Intent
Assumption of the Risk
Standing
Zone of Danger
SOF law on oral contracts and oral leases longer or shorter than one year
UCC Requirements contract
UCC Output contract
UCC rule when cash payment is requested
Course of performance, course of dealing, usage of trade
Commonly known dangers
Comparative negligence
Product Liability 6 elements and 7 defenses
Proximate Cause
ADEA
ADA
Disparate Treatment vs. Disparate Impact Discrimination
Mitigation of damages
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