Question
The plaintiff, Parvanh Backmirzie, owned two Persian rugs that she wanted to sell. She brought the rugs to a shop, called La Moquette Fine Rugs,
The plaintiff, Parvanh Backmirzie, owned two Persian rugs that she wanted to sell. She brought the rugs to a shop, called La Moquette Fine Rugs, which was owned by the defendant, Cathy Rinaldi. The parties agreed that the defendant would attempt to sell the rugs, on the plaintiff's behalf, at a price of $4850 each. The defendant was entitled to receive a 20 percent commission if and when the rugs were sold. Although the rugs did not attract the attention of any potential buyers, the defendant did notice two men who acted suspiciously while visiting her shop. The defendant immediately contacted the plaintiff, explained that the rugs probably were not going to sell, and warned the plaintiff that the two men appeared to be "casing" the shop in preparation for stealing the rugs.
The plaintiff agreed that she should collect the rugs, but said that she was busy for the next few days. Two days later, the defendant closed her shop at the end of the day, turned on the security alarm, and hid the rugs under other merchandise. The store was burgled that night and the two rugs were stolen. Neither party had insurance to cover the loss. The plaintiff now claims that the defendant is liable for failing to properly safeguard the rugs.
Provide an analysis of the legal issues raised by the facts.
Describe the parties' relationship. How much care was the defendant required to exercise?
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