Elements Of Negligence Memo

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Recommended: The principle of negligence

Introduction: In this memo, I will discuss two legal issues. In Part I, I will discuss the elements of the negligence in the incident that occurred when Edie slipped on the peanuts in Foods, Inc. and broke her leg and arm. The memo will also examine the likelihood of Edie winning a negligence case against Foods Inc. for her injuries sustained from slipping on the peanuts. Besides, I will look at whether Foods, Inc. could raise any legal defenses and if so would such legal defenses be successful in negating liability for Foods, Inc. In Part II of this memo, I will also consider the Constitutional rights of the protesters and their possible liability for trespassing at Foods, Inc. I will also look at the legal claim that the protestors could sue for and whether they could be convicted of trespassing against Foods, Inc. Discussion and Analysis: The elements of negligence in this scenario are; although the manager of Foods, Inc. was unaware of …show more content…

felt that the protestors were impeding the ingress and egress of clients into Foods end thus interfering with business, there is no sufficient evidence to back such claims. The protestors were at the either of the two ends of the Foods’ sidewalk and not directly in front of the entry and exit doors. Therefore, the protestors cannot be convicted of trespassing against Foods. Additionally, the protestors never intended to interfere with lawful activity in Foods Inc. through disruption or obstruction. Conclusion: In the case, Edie v. Foods, Inc., there is liability for negligence because the manager should have known of the spilled peanuts because a reasonable person taking care of a property would have discovered the peanuts on the store’s isle and cleaned them before customer start arrived at the store. There is also a violation of protestors’ constitutional rights of freedom of assembly because the police did require them to stop marching on a public sidewalk, away from Foods Inc.’s entrance and

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