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I would like for someone to review my second question that I have listed below and let me know if this is what the instructor
I would like for someone to review my second question that I have listed below and let me know if this is what the instructor is looking for.
"Then, read the Memorandum of Law in Exhibit 7-17 beginning on page 356 of Statsky, 8th edition. Based on that memorandum please provide 6 (six) specific examples to support your reasoning in the above discussion. (If you have the e-book edition of Statsky, Exhibit 7-17 can be found on page 361)"
- Element Identification: Owners, Of commercial premises, Must use reasonable care, Assure the safety ,Of users of the premises
- Identifying/Phrasing Legal Issues: Legal issue...whether a store used "reasonable care" for the safety of its occupants.
- Applying Definitions: The parties will probably agree on the definition of reasonable care (ordinary prudence under the circumstances to avoid injury or other loss) but disagree on whether the facts fit within the definition.
- Factor Analysis: reasonable care
- Case Law Application: Smith v. Apex Co. applies. To provide for their safety." Id. at 582, 78 N.E.2d at 428.
- IRAC/IFRAC: Our client has the stronger argument on whether the store was negligent in failing to use reasonable care. Better warning should have been provided in view of the danger posed by the pit in the store.
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