Teresa Tenant lives in a beautiful apartment in the Funk Zone. The apartment building owner is a California company called Deacons Developments. lnc. Deacon is responsible for all apartment building maintenance and is a large company which owns 30 apartment buildings in California. Recently. Deacon has cut its budget. including ring its cleaning staff and security guards. Since this action. there have been incidents in the hallways of Teresa's apartment, including vandalism and broken glass. Deacon put up cameras to catch people vandalizing, but the camera batteries ran out and have not been replaced. All Deacon has done to prevent damages is to put a sign in the hallways and stainvells saying 'use at your own risk\". On Monday. Teresa was rushing to class when she slipped in a stairwell and sprained her ankle. The reason she slipped was because there was a drink that had been spilled and not cleaned up. In total. Teresa spent $5.000 on doctor's appointments. 3 pair of crutches, and pain medication. t- For Question 2 Teresa went to the building's manager Paulina to file a complaint and leave a bad Yelp review. Paulina then told Teresa that she would punch her if she wrote any negative reviews on Yelp about the building or spoke to any other tenants about this incident. While Teresa was fearful that she would be hit. Paulina said this to her in a calm tone while remaining seated at her desk. Today. Teresa walks into your ofce wanting to (1) sue Deacon for negligence. and (2) sue Deacon and Paulina for intentional torts. She asks you the following questions: Question 1: Negligence (10 pointsl |Note: Do not discuss any facts involving Paulinal. 1. mg: Which party (Piaintiff or Defendant) is responsible for proving the case? What standard (POE or BRD) does that party have to prove? {2 points). . 2. by: What is the rule for negligence? What are the four elements of negligence? (2 points) 3. Plaintiff Argument What is one legal argument that Teresa can make and why? (2 points) 4. Defendant Argument: What is one legal defense that Deacon can make and why? [2 points) 5. Conclusion: Is Deacon liable for negligence? Why or why not? (2 points) ' .7 .l :,, -.. -''l-"--r4'... .' Question 2: Intentional Torts (5 points) [Note: Do not discuss any facts involving Deacon]. 1. What intentional tort is Paulina most likely to be liable for and why? (2 points) 2. What is Paulina's best defense? (1 point) 3. If Teresa sues Paulina, will she file in State Court or Federal Court? (1 point) 4. Why should Teresa sue both Paulina and Deacon? (1 point) Edit View Insert Format Tools Table 12pt V Paragraph BI U AZT