2-3 Page Memorandum

Anonymous
timer Asked: Mar 24th, 2017
account_balance_wallet $20

Question Description

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.

Assignment Instructions

You are the paralegal working for CARDWARE’s corporate counsel and have been asked to draft a 2–3-page double-spaced 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.

Checklist

  • Read the question and what is being asked of you twice.
  • Review the chart on negligence (SEE ATTACHED) and the defenses.
  • Structure your Assignment in memorandum form.
  • MUST BE IN APA FORMAT
    • Cover Page
    • Running Headers & Page Numbers
    • Headers for Introduction, Body, and Conclusion Paragraphs
    • Reference Page
    • In-Text Citations

Example:

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. Note: Your memorandum length of 2–3 pages is separate from the cover sheet and reference page.
  • Keep all font color consistent throughout. If a blue hyperlink appears, remove it by hovering over it and right click. A vertical dropdown menu will appear. Click on Remove Hyperlink.
  • Avoid the use of first person.
  • Provide in-text citations. If a reference is listed in your reference page, make sure it is displayed within your submission where you retrieved information from.
  • Provide hanging indents where needed.
  • Double space throughout your submission, including throughout your reference page. Note: This includes between your references.
  • Your reference page should be separate from the body of your submission.
  • Use Times New Roman size 12 font.
  • Provide an APA formatted cover sheet.

Unformatted Attachment Preview

Prepared by Ramona Atkins Negligence Requirements and Flow Chart Negligence requires the following elements: Duty Breach 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 owe a higher duty of care. Causation “But for” A doing X, such and such would not have happened. Actual (the factual cause of what happened) and * Proximate (the legal cause) is needed. You must have both. *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) (factual cause) Direct Cause Any intervening acts? *Acts of God Negligence *Third Parties Proximate Cause *Criminal Acts (legal cause) Forseeable Indirect Cause Unforseeable Defenses: The three main defenses are: Contributory Negligence If in a jurisdiction that utilizes this defense, the plaintiff will be barred from recovering any damages. Comparative Negligence (two types: Pure and 50/50) Pure If Pure is utilized by a jurisdiction, the court will take the amount the Plaintiff is negligent and subtract it from the overall award of damages. 50/50 If in a 50/50 jurisdiction, and the Plaintiff is over 50% negligent, the court will treat the Plaintiff’s negligence like contributory negligence, and bar recovery. Assumption of the Risk If the Plaintiff knowingly and voluntarily assumed the risk of entering into an activity and became injured, he/she will be unable to recover damages. ...
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Tutor Answer

henryprofessor
School: Rice University

Attached.

Myra v. CARDIWARE and Candie elements of Negligence and their Defenses - Outline
Thesis statement: In the case of CARDIWARE and Candie and Myra, the plaintiff will have to
establish both the cause in fact and proximate cause among other elements, and the defendant
will have to use several defenses.
I.
II.

Introduction
Elements of negligence
A. Duty
B. Breach
C. Cause

III.

Defenses
A. Contributory
B. Comparative
C. Assumption of risk

IV.

Conclusion


Running head: CARDIWARE AND CANDIE

Memo: Myra v. CARDIWARE and Candie elements of Negligence and their Defenses
Name
Institution

1

CARDIWARE AND CANDIE

2

To: CEO, Casandra (Cassie) Cardigan
From:
Date: 26 March 2017
Subject: Myra v. CARDIWARE and Candie elements of Negligence and their Defenses
Introduction
When suing for damages, the plaintiffs and the defendants usually have several items that they
have to consider to determine the responsible party and also whether or not the damage should be
paid. First, the plaintiff should establish beyond reasonable doubt that the defendant w...

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Review

Anonymous
Tutor went the extra mile to help me with this essay. Citations were a bit shaky but I appreciated how well he handled APA styles and how ok he was to change them even though I didnt specify. Got a B+ which is believable and acceptable.

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