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:
- The elements one must establish to bring a cause of action based on negligence.
- 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.
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Explanation & Answer
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...