Example of Negligence

I. Donny, the owner of Donny’s Market, a grocery store, was cleaning and waxing the floor of his store. Immediately after he finished, Donny heard a terrific screech that sounded to him like a car accident directly across the street from his store. Donny was curious and left the store to investigate. Bob, who was driving his Mustang convertible while texting, had just screeched to a stop as he struck a stop sign across the street from Donny’s Market. Joe, also texting while walking along, was seriously injured when he looked up to see the source of the screech. Patty, a shopper in the grocery store, slipped and fell on the slippery wax and was seriously injured.

a) Patty sues Donny (the store owner) for negligence. Judgment for whom? Explain fully.

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b) Patty sues Bob (the driver) for negligence. Judgment for whom? Explain fully.

c) Joe (the pedestrian) sues Bob (the driver) for negligence. Bob asserts a defense of assumption of risk claiming that Joe assumed the risk as a pedestrian. Judgment for whom? Explain fully.

III. On November 15, Pat entered into a written and signed contract with Kendall, in which Kendall agreed to purchase a small Picasso etching from Pat for $600,000. Kendall made a 10% down payment of $60,000 when he signed the contract. The sales contract provided that Kendall would pay the balance of the purchase price, or $540,000, when Pat delivered the painting on December 20.

(a) On December 1, Pat advised Kendall that she does not intend to go through with the contract because she has accepted a better offer from Noel. Kendall insists that Pat complete her contractual obligations. If Kendall sues Pat for breach of contract, what remedies may Kendall seek? Explain fully.

(b) Instead of the facts in part (a), assume that on December 1, Kendall advises Pat that he no longer wants the painting and that he will not proceed with the purchase. The sales contract provided that if Kendall does not perform the contract, Pat is entitled to keep the $60,000 down payment. What factors might a court consider in deciding whether this contractual provision is enforceable and will allow Pat to keep the $60,000? Explain fully. For more information on Example of Negligence see this: https://www.britannica.com/topic/negligence

Example of Negligence

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