Scenario 1:

Mary worried that the kitchen in the restaurant she owned might have a rat problem. She considered hiring an exterminator and/or setting traps in the kitchen, but she did not want her employees to know about her suspicion. Mary concluded that the best thing to do was buy rat poison in powder form, store it in an unmarked jar, and wait for further evidence of rat infestation before deciding whether to use it. Jocasta intended to store the jar in a hall closet but distractedly placed it on a cabinet shelf in the kitchen. The rat poison looked like coarse kosher-style salt, a common ingredient in restaurant cooking.

A week later when Sven, a health inspector, was visiting the kitchen, the unexpectedly stored jar of rat poison fell and landed on the expensive thermometer Sven had placed on the counter, damaging it. Sven brought a negligence action against Jocasta

Analyze all liability and damages.

such as:

• duty of care:
• breach
• actual cause
• proximate cause
• damages
• conclusion