Complete a Case Analysis following the Case Analysis Format Below.

Case 5-9:

Sayeeda operated a small food stand at an open-air market where farmers near one another had set up makeshift stalls or tables to display their produce. To protect themselves from the hot sun, most had erected canvas or cloth canopies over their tables. The stand operated by Sayeeda was located in the midst of the covered stalls.

For the purpose of cooking a particular delicacy that she sold, Sayeeda had placed a tiny propane-fuelled stove on her tabletop and used it to boil a pot of oil. While she was serving a customer, a youth about 16 years old turned up the flame on the burner, and the oil immediately caught fire. In a frantic attempt to put out the fire, Sayeeda seized the flaming pot and flung it from her food stand. The youth was splashed with flaming oil and was seriously burned when his clothes caught fire.

The pot of burning oil landed in a nearby farmers stall and set fire to the canopy that he had placed over it. The farmer kicked the flaming pot out of his stall and into a neighboring stall, where it set fire to a quantity of paper that was used for food packaging.

Before the fire was finally extinguished, three stalls had been destroyed, and both the youth and Sayeeda hospitalized with serious burns.

Do your best to sort through this information and complete a case analysis using the format below:

Case Analysis Format:

1. Facts (Point Form)

This may sound obvious, but before you can analyze or apply the relevant law to a specific set of facts, you must clearly understand those facts. In other words, you should read through the case problem carefullymore than once, if necessaryto make sure you understand the identity of the plaintiff(s) and defendant(s) in the case and the progression of events that led to the lawsuit. When you are working on case problems, realize that the facts should be accepted as they are given.

Briefly indicate

a) the reasons for the lawsuit

b) the identity and arguments of the plaintiff(s) and defendant(s), respectively.

2. Issues

Concisely phrase, in the form of a question(s), the essential issue before the court. (If more than one issue is involved, you may have twoor even morequestions here.) The basic issue may be failure to warn customers of a wet floor which constitutes negligence. As discussed in class, negligence is a torta civil wrong. In a tort lawsuit, the plaintiff seeks to be compensated for anothers wrongful act. A defendant will be deemed negligent if he or she breached a duty of care owed to the plaintiff and the breach of that duty caused the plaintiff to suffer harm.

3. Decision

Indicate herewith a yes or no, if possiblethe courts answer to your question (or questions) in the Issue section above.

4. Reason

Summarize as briefly as possible the reasons you feel will be given by the court for its decision(s) and the case or statutory law relied on by the court in arriving at its decision.

5. Theory + Research : Include textbook + online resources to support your arguments (theory and/or Common Law cases)