1. One evening, Kelly went to the movie theatre. When the movie was over, Kelly needed to use the restroom. As she emerged from the bathroom stall and approached the sink, Kelly slipped on a puddle of water in front of the sink, crashed to the floor and landed painfully on her shoulder. Earlier in the day, the movie theatre knew the bathroom sink pipe had broken and called a plumber to come fix it. The plumber called the theatre late in the afternoon and said she could not arrive until the next day. The theater tried to shut off the water to the sink but could not. The theater did send an employee in with a mop every 15 minutes to mop up the water. However, this did not prevent the floor from becoming slippery. Kelly wishes to sue the theatre for its failure to maintain the bathroom in a safe condition.

I need to draft a legal memorandum for the Senior Partner, Mary Smith establishing that the theater was negligent. I understand what needs to be done and I am wondering if my questions presented correct: (1) Whether the Theater owed a Duty to the Plaintiff?; (2) Was the Duty breached?; (3) Were the Defendant's actions the Actual Cause of Plaintiff's injury?; (4) Could the Defendant have foreseen through his actions the harm suffered by thePlaintiff? (5) Were there actual damages?

2.After Kelly fell, the theater posted an employee in front of the restroom and would not let any other patron use the restroom. When the theater closed for the night, the theater manager placed towels under the sink to absorb as much water as possible and a sign that said, "Do not enter. Wet floor." That night, Cindy, Sandy and Teri broke into the movie theater after it had closed. Teri had worked for the theater for six months and had often used her keys to open the back door after closing to party with friends. Teri had several convictions for burglary on her record, but the theater hadn't done a background check. The theater was completely dark. Even the exit signs that were required by statute to stay illuminated at all times were off. (The theater had taken the bulbs out of the signs because movie patrons complained that the signs were distracting.) Teri said that she knew where the theater kept some flashlights and to follow her. As the three girls fumbled their way through the theater toward the snack bar, Cindy tripped over the cord to a vacuum that Paul, a member of the cleaning crew, had left plugged in with the cord running across the aisle. Paul is an independent contractor hired by the theater to clean the theater. He had quit early to take a nap up in the manager's office. Cindy fell head first into a row of seats, breaking her nose. As blood poured from Cindy's face, Sandy ran to the restroom to get some paper towels. In the darkness, Sandy didn't see the sign and slipped on the wet floor, breaking her arm. Sandy cries out in pain, which wakes Paul up. Paul turns on the theater lights and goes to investigate the screams. By the time he gets to the restroom, Sandy is gone. Paul then hears the door slam as the girls run out of the theater. Sandy, Cindy and Teri left the theater. Paul not wanting to get in trouble for sleeping on the job decided to say nothing.

Cindy and Sandy want to sue the theater. I need to draft a legal memorandum on what theory, if any, can Candy and Sandy recover from movie theater. I know the mechanics of drafting a legal memo, but my question is the theory looking at both Cindy and Sandy being trespassers? I think I only see two questions presented in the fact pattern but I feel like this is a trap. Can Cindy recover from the movie theater for falling and breaking her nose? Can Sandy recover from the movie theater forslipping on the bathroom's wet floorand breaking her arm? I don't think I am missing anything else.

Thank you.