Business Law Case Study

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Question 1 Theory: Max was negligent in failing to warn of Joe of the hazardous door, which caused Joe’s injury. According to the precedent set by Ruvalcaba, Joe would have been a licensee, because he was a social guest. This means that Max has more duty to him then he would a trespasser, but not much more duty. Additionally, he has less duty to him then if he were a business invitee. The duty that was owed to Joe as a licensee, was to “avoid injuring him willfully, wantonly, or through gross negligence and to warn of or make safe dangerous conditions that he was aware of.” Am. Indus. Life Ins. Co. v. Ruvalcaba, 64 S.W.3d 126, 142 (2001). However, Max the house had been standing for 150 years and Max living in it for 30 years and no one had ever fallen down that stair case, so Max would have seen no need to warn Joe of the “dangers” of leaning against that …show more content…

Question 2 Max was negligent in failing to warn of Joe of the hazardous door, which caused Joe’s injury. In the precedent set by Rowland, Max as the homeowner would have a duty to use ordinary care and skill to avoid danger in the circumstances. Rowland v. Christian 443 P.2d 561 108, 112 (Cal. 1968). This precedent does not need to know if the plaintiff was a trespasser, licensee, or business invitee. Rather everyone is afforded the same duty, of ordinary care. When Joe asked Max to remove his boots and he leaned against the basement door to do so and the door was unlatched this was the pivotal point in the accident. Had the basement door been latched, the Max may never have fallen. Max’s argument will need to show that Joe was aware the door was unlatched and failed to warn him. This awareness and failure to warn is the failure of duty. If Max cannot prove Joe did not know the door was unlatched he has no

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