Question: 2. Analyze each case and make a sound and valid argument along with a final decision. 2a. Don starts a fire that soon consumes Paula's
2. Analyze each case and make a sound and valid argument along with a final decision.
2a. Don starts a fire that soon consumes Paula's trailer. Don did not know that the trailer was occupied and had no reason to know this, but it was. After rushing into the trailer to save her child, Paula is severely burned. Paula sues Don in negligence. Assuming that Don has breached a duty, what two arguments might he make in defense? Assume that the traditional negligence defenses apply. Will these arguments work here? Be sure to identify legal reference statues, laws, examples and relevant cases.
2b. Ludmila Hresil and her niece were shopping at a Sears retail store. There were few shoppers in the store at the time. Hresil spent about 10 minutes in the stores womens department, where she observed no other shoppers. After Hresils niece completed a purchase in another part of the store, the two women began to walk through the womens department. Hresil, who was pushing a shopping cart, suddenly lost her balance and struggled to avoid a fall. As she did so, her right leg struck the shopping cart and began to swell. Hresil observed a gob on the floor where she had slipped. Later, a Sears employee said that it looked like someone spat on the floor, like it was phlegm. Under the reasonable person standard, did Sears breach a duty to Hresil by not cleaning up the gob? Hint: Assume that Hresil could prove that the gob was on the floor only for the 10 minutes she spent in the womens department. Be sure to identify legal reference statues, laws, examples and relevant cases.
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