Chapter_5 - 1. 2. 3. 4. Define negligence. What four...

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1. Define “negligence.” 2. What four elements does one have to prove in order to find negligence? 3. What duty is owed and to whom in a negligence claim? 4. A baker removes cream from the refrigerator and places it on the counter while preparing the other ingredients for the cakes she is making. The cream spoils. The baker does not know this and still uses it in the cakes. The patrons in the restaurant who eat the cake become ill as a result. Under which of the following circumstances does the baker breach her standard of care? Leaving the cream out for 15 min. Leaving the cream out for 30 min. because she took a personal phone call. Leaving the cream out for one hour in the sun. 5. Assume the cakes in the above example are sold to patrons to take home and eat. Sally buys one. She brings it to a party. A guest at the party becomes ill because of eating it. Did the baker’s leaving the cream out to spoil “proximately cause” the guest to become ill? GROUP 2 6. The guest in number 5 above goes to the hospital. She incurs a medical bill of $1,500 as a result of the food poisoning. In addition, she misses three days of work resulting in lost wages of $500. She also is very emotionally upset by this. What damages may she recover? 7. Assume that before eating the cake Sally ate some spoiled egg salad, which also made her ill. How will this effect the baker’s potential liability for Sally’s damages? 8. A retailer buys the cakes from the baker. Shortly after buying the cakes the word gets out that the baker’s cakes make people ill. The retailer cannot sell them as a result. The retailer sues the baker for negligence claiming $1,000 in lost sales and no other damages. Will the retailer get the $1,000? 9. Assume Sally has severe stomach ulcers at the time she ate the cake. What is the baker’s best argument to reduce Sally’s damages award or eliminate it? GROUP 3 10.) A hotel has a fenced in pool area. The fence is 4 feet tall. There are signs posted on the fence warning that no life guard is on duty and that people may drown if swimming alone. An 8 yr. old boy who is NOT staying at the hotel climbs the fence, gets in the pool and drowns. The hotel is sued for negligence. What doctrine likely applies here and what is the applicable standard of care the hotel owes.
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11.) Assume that instead of an 8 year old buy it is a 22 year old man who drowns. Is the hotel liable under a negligence theory? 12.) A couple attempts to “dine and dash” at a restaurant.
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This note was uploaded on 10/08/2011 for the course HTM 120 taught by Professor Staff during the Spring '11 term at S.F. State.

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Chapter_5 - 1. 2. 3. 4. Define negligence. What four...

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