The lease between the photo store and the shopping center granted the owners of the shopping center the exclusive right to control the common areas.[2] Although the lease gave Pacific Plaza the right to police the common areas, the lease did not purport to impose an obligation to police either thecommon areas or those areas under the exclusive control and management of the tenants. In fact, Pacific Plaza hired no security guards.

At approximately 8 a.m. on June 17, Ann M. opened the photo store for business. She was the only employee on duty. The door was closed but unlocked. The store was equipped with a "drop gate" that was designed to prevent customer access behind the counter but it had been broken for some period of time. Shortly after Ann M. opened the store, a man she had never seen before walked in "just like a customer." Ann M. greeted the man, told him that she would assist him shortly, and turned her back to the counter. The man, who was armed with a knife, went behind the counter, raped Ann M., robbed the store, and fled. The rapist was not apprehended.

In 1984 and 1985 violent crimes occurred in the census tract in which the shopping center is located. While the record includes some evidence of criminal activity on the shopping center's premises prior to Ann M.'s rape ? bank robberies, purse snatchings, and a man pulling down women's pants there is no evidence that Pacific Plaza had knowledge of these alleged criminal acts. In fact, Pacific Plaza offers uncontroverted evidence that it "is the standard practice of [Pacific Plaza] to note or record instances of violent crime" and that Pacific Plaza's records contain no reference to violent criminal acts in the shopping center prior to Ann M.'s rape.

Ann M. presented evidence that the employees and tenants were concerned about their safety prior to her rape. These concerns centered around the presence of persons described as transients, who loitered in the common areas. One of the employees of the photo store called the police on two different occasions prior to the incident involved herein to complain that she felt threatened by persons loitering outside her employer's store. The photo store ultimately granted this employee permission to bring her dog to work for protection. This employee worked a late night shift, while Ann M. worked during the day. During periodic meetings of the merchants' association, an organization to which all tenants belonged, the tenants voiced complaints about a lack of security in the shopping center and the presence of transients. There is no evidence to indicate, however, that Ann M.'s rapist was one of the loitering transients or that the presence of the transients contributed in any way to Ann M.'s attack.

According to Ann M.'s deposition testimony, the merchants' association invited a security company to address the tenants' concerns at one of its meetings. During that meeting, the security company informed the tenants of different security options and recommended that regular walking patrols be instituted. Ann M. stated in her deposition that she was told that the merchants' association decided not to hire the security patrols, because the cost would be prohibitive. Ann M. further testified that she was told at these meetings that the merchants' association requested that the shopping center provide such patrols. No such patrols were provided. According to the lease, if the shopping center had provided the requested patrols, the tenants would have borne the cost in the form of additional rent. Ultimately, the merchants' association hired a security company to drive by the area three or four times a day instead of arranging for foot patrols. Ann M. was raped sometime thereafter.

After the rape, Ann M. filed a civil complaint for damages in the superior court, alleging causes of action for negligence against Amapho Corp. (the owner and operator of the photo store), Glen Hutchinson (the president of Amapho Corp.), the shopping center, and La Jolla Development Co. (the corporation employed to manage the shopping center at the time of the rape).[4] Ann M. alleged that the defendants were negligent in failing to provide adequate security to protect her from an unreasonable risk of harm. This risk specifically was alleged to be the presence of transients and the potential for violent confrontation between transients and employees of the shopping center.

Ann M. stated that Pacific Plaza ( the Mall) permitted transients to congregate in the common areas of the shopping center. Ann M. contended that "[s]ecurity patrols to roust the center's transient population would have provided the [necessary] `first line of defense'" that The Mall allegedly had a duty to provide.

Pacific Plaza (The Mall) alleges that they owed no duty of care to Ann M. The Mall filed a motion for summary judgment stating that the attack on Ann M. was unforeseeable.How will the court decide? Will it decide in favor of The Mall or will the court deny The Mall's motion for summary judgement ?State the reasons for your conclusion. Follow the court's reasoning in the Palsgraf case, (9.1).

In your factual statement, only state the facts that are pertinent to you discussion or conclusion. This problem is long. Take your time reading the case and take your time writing your answer. Check you spelling and your grammar and proofread your answer.

Consider a single factor APT. Portfolio A has a beta of 1.0 and an expected return of 16%. Portfolio B has a beta of 0.8 and an expected return of 12%. The risk-free rate of return is 6%. If you wanted to take advantage of an arbitrage opportunity, you should take a short position in portfolio and a long position in portfolio OA; B OB; A A; riskless asset B; riskless assetIdentify the retailing theory that ranks communities according to the assortment of goods and services in each area. a. Accordion theory b. Retail gravitational theory c. Retail life cycle d. Central place theory Question 8 Not yet answered Marked out of 1.00 Flag question The pricing method followed by Red Tag, Twenty-Four, Emax Fashion, Centre Point is: O a. Price discrimination b. Predatory pricing c. Market pricing d. Administered pricingD Question 15 2 pts In the IS/MP framework, when the Fed the federal funds rate in the aftermath of the decline in housing prices, the financial friction gave rise to a(n) in the real interest rate, which caused a(n) held constant; economic "settling"; disinflation raised: decline; commodity bubble lowered; decrease; deeper recession lowered; increase; deeper recession lowered; decline; expansionQuestion 33 (1 point) What is the variable that balances the money demand and supply in the liquidity-preference and the classical theories? the price level in the liquidity-preference theory and the interest rate in the classical theory O the interest rate in both theories O the price level in both theories O the interest rate in the liquidity-preference theory and the price level in the classical theory Question 34 (1 point) According to liquidity-preference theory, if the price level increases, how do the equilibrium interest rate and the aggregate quantity of goods change? The interest rate and the quantity demanded fall. The interest rate and the quantity demanded rise. The interest rate falls and the quantity demanded rises. The interest rate rises and the quantity demanded falls. Question 35 (1 point) According to liquidity preference theory, when do people demand fewer goods and services? when the price level or interest rate decrease when the price level or interest rate increase when the price level increases or the interest rate decreases when the price level decreases or the interest rate increases Question 36 (1 point) In the short run, a decrease in the money supply causes interest rates and aggregate demand to do what? It causes interest rates to increase and aggregate demand to shift right. O It causes interest rates to increase and aggregate demand to shift left. O It causes interest rates to decrease and aggregate demand to shift right. It causes interest rates to decrease and aggregate demand to shift left.Question 6 As the outside air temperature increases, average US household electric use: O 1) declines steadily 2) rises steadily ()3) changes unpredictably 4) declines, then rises rapidly ()5) rises, then declines rapidly