Candie Cardigan has been asked to model CARDWARE’s newest sweater line that is made of thin and yet warm material, called Naturally There, as it can withstand temperatures of 30 below 0. Because this will provide CARDWARE with good publicity of its newest clothing line, she agrees to walk the runway in Fashion City. The modeling event is being held at the Easton Hotel. Celebrities and those involved in the fashion industry will be in attendance. Several models precede Candie and her debut of Naturally There. Clad in a tasteful skirt, 4-inch high heels and a green Naturally There sweater, Candie proceeds to the end of the runway. A small wrinkle in the carpet causes Candie’s left shoe to get caught and she falls over the end of the runway onto the row of judges. Unfortunately, Myra, a judge and world-renowned model, suffers a broken nose and cut to her face from one of Candie’s shoes.

Myra wants to bring a lawsuit based on negligence against CARDWARE and Candie.

You are the paralegal working for CARDWARE’s corporate counsel. memorandum to the CEO, Casandra (Cassie) Cardigan and discuss the following:

1. The elements one must establish to bring a cause of action based on negligence.

2. Potential defenses that CARDWARE and Candie may use against Myra’s claim.

Date:

To: Candie Cardigan, CEO

CARDWARE Inc.

From: [Your Name]

Re: Negligence Requirements and Potential Defenses to Myra’s Claim

Organize your memorandum with an introduction, body, and conclusion.

Transcribed Image Text:

Negligence Requirements and Flow Chart Negligence requires the following elements: Duty Breach Causation General Duty of Due Care: Everyone owes everyone a general duty of due care to not subject others to unreasonable risks of harm. Note, businesses Actual (the factual cause of what happened) and * Proximate (the legal cause) is needed. You must "But for" A doing X, such and such would not have happened. have both. owe a higher duty of care. *Note under proximate cause in the chart below, the plaintiff (person bringing the cause of action for negligence) will assert that the defendant the person whom the lawsuit is being brought against is the actual cause (using the but for test) and the proximate cause of his/her injuries. When establishing proximate cause, the plaintiff will assert the chart's top lines coming off of proximate cause , hence that the defendant was the direct cause. Next, the Plaintiff will indicate that the defendant was the forseeable cause of his/her injuries. The Defendant however will assert that despite perhaps appearing to be the actual cause of the Plaintiff's injuries, that he/she was the indirect and unforeseeable cause of the Plaintiff's injuries (the bottom lines of the chart). Actual Cause ("But For" test) Direct Cause (factual cause) Any intervening acts? Negligence *Acts of God *Third Parties *Criminal Acts Proximate Cause (legal cause) Forseeable Indirect Cause Unforseeable Defenses: The three main defenses are: Contributory Negligence Comparative Negligence (two types: Pure and 50/50) Assumption of the Risk If in a jurisdiction that utilizes this defense, the plaintiff will be barred from recovering any damages If the Plaintiff knowingly and voluntarily assumed the risk of entering into an activity and became injured, helshe will be unable to recover damages. Pure 50/50 If Pure is utilized by a jurisdiction, the court will take the amount the Piaintiff is negligent and subtract it from the overall negligence like contributory award of damages If in a 50/50 jurisdiction, and the Plaintiff is over 50% negligent, the court will treat the Plaintiff's negligence, and bar recovery. Negligence Requirements and Flow Chart Negligence requires the following elements: Duty Breach Causation General Duty of Due Care: Everyone owes everyone a general duty of due care to not subject others to unreasonable risks of harm. Note, businesses Actual (the factual cause of what happened) and * Proximate (the legal cause) is needed. You must "But for" A doing X, such and such would not have happened. have both. owe a higher duty of care. *Note under proximate cause in the chart below, the plaintiff (person bringing the cause of action for negligence) will assert that the defendant the person whom the lawsuit is being brought against is the actual cause (using the but for test) and the proximate cause of his/her injuries. When establishing proximate cause, the plaintiff will assert the chart's top lines coming off of proximate cause , hence that the defendant was the direct cause. Next, the Plaintiff will indicate that the defendant was the forseeable cause of his/her injuries. The Defendant however will assert that despite perhaps appearing to be the actual cause of the Plaintiff's injuries, that he/she was the indirect and unforeseeable cause of the Plaintiff's injuries (the bottom lines of the chart). Actual Cause ("But For" test) Direct Cause (factual cause) Any intervening acts? Negligence *Acts of God *Third Parties *Criminal Acts Proximate Cause (legal cause) Forseeable Indirect Cause Unforseeable Defenses: The three main defenses are: Contributory Negligence Comparative Negligence (two types: Pure and 50/50) Assumption of the Risk If in a jurisdiction that utilizes this defense, the plaintiff will be barred from recovering any damages If the Plaintiff knowingly and voluntarily assumed the risk of entering into an activity and became injured, helshe will be unable to recover damages. Pure 50/50 If Pure is utilized by a jurisdiction, the court will take the amount the Piaintiff is negligent and subtract it from the overall negligence like contributory award of damages If in a 50/50 jurisdiction, and the Plaintiff is over 50% negligent, the court will treat the Plaintiff's negligence, and bar recovery.

Answer rating: 100% (QA)

July 25 2021 To Candie Cardigan CEO CARDWARE Inc From Re Negligence Requirements and Potential Defenses to Myras Claim This memo pertains to Myras neg... View the full answer