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Pages:
2 pages/≈550 words
Sources:
1 Source
Style:
MLA
Subject:
Law
Type:
Essay
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 8.64
Topic:

Optional Take-Away Essay Writing Assignment

Essay Instructions:

Event:
Milton and Paula Palm were having dinner at Diana’s Restaurant, on a Saturday night, in February 2017. Diana’s is an elegant 5 star restaurant in Anytown, Massachusetts. They ordered drinks and food from Wanda, the waitress. Paula had three glasses of wine with dinner and asked Wanda for an after dinner brandy. Milton ordered coffee. Paula then got up from the table and a few minutes later Wanda saw Paula stumbling back from the ladies room. Paula bumped into a waiter (Buddy) and knocked over the tray he was carrying and the contents of the tray spilled on the dining room floor. Buddy said “Excuse me” and Wanda said “I’ll say -- you should learn to get out of people’s way.” Paula pushed Buddy on his two shoulders and said “I was a waitress before I became an accountant, and I certainly was never as clumsy and incompetent as you!” Milton also paid the bill while Paula was in the restroom. Wanda thought Paula was acting intoxicated and when she was bringing Milton coffee she said to Paula “I think it would be better if you had some coffee rather than the brandy.” Paula became very upset and started yelling “You are a stupid waitress and you ripped us off on the change from the bill, you crook!!” In fact, Wanda had given the incorrect change and had short-changed the Palms by $20.00. Wanda slapped Paula across the face. Paula stormed out of the restaurant and drove out of the parking lot straight into a man (Pete Smith) who was walking in the parking lot and caused serious injuries to him.
Requirement:
1. What else do you want to know to properly evaluate the potential claims in this scenario? Name at least 7 things.
2. Identify all potential plaintiffs and causes of actions/theories. Identify all potential defendants and defenses.
3. What facts support the plaintiffs and what facts support the defendants?
4. Analyze the facts and law.
5. Below is the outline of all the knowledge I learnt, please just use these knowledge to finish the assignment.
Torts - intentional and unintentional
Negligence - Hand out - Elements
Product Liability Theories - Warranties
Express and Implied Warranties; Strict Liability
Design and Manufacturing Defects
Comparative Negligence
Defenses to Negligence and other torts - Text
Misuse, Assumption of Risk
Contract Formation
Elements of a Contract
Offer
Acceptance (Agreement)
Consideration
Damages
Promissory Estoppel/Detrimental Reliance
Defenses to Contract
Age
Illegality
Duress
Mental Incapacity
Undue Influence
Misrepresentation
Mistake
Parol Evidence Rule
Statute of Frauds
Compensatory Damages
Nominal Damages
Punitive Damages
Liquidated Damages
Duty to Mitigate
Specific Performance
Embezzlement
4th amendment
Exclusionary Rule
Duty to Mitigate/Mitigation
Inferences
Facts v. law - jury decides facts, judge advises on the law
Indemnification
Tips: Above are just the outline, if you need more information about which one, just search the topic in the text book I uploaded. This essay is very important to me, please try your best to finish it carefully.
Thank you very much!

Essay Sample Content Preview:
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Optional Take-Away Essay
According to the case study, some of the things that I would be interested to know are if the accident that Paula caused was intentional or unintentional. I would also like to determine if her behavior towards the waitress was also deliberate or accidental. I would like to evaluate the potential claims that the waitress had ripped some change was a result of negligence because in the case an incorrect change was given and Paula Palms was shortlisted by $20. In this case, there is harassment, I would lie to evaluate if Paula was under the influence of alcohol or if the act was intentional. More so I would also like to know if the restaurant has any legal measures concerning any form of illegalities in the case where workers are involved in crimes and irregularities. I would also want to evaluate the design of the brandy to determine if the manufacturers have used correct ingredients in processing it. Lastly, I would like to evaluate if the restaurant had laws that protected its employees from harassment or mistreatment from the outsiders.
Some of the potential cause of actions/ theories are negligence, strict liability, and strict product liability. Negligence occurs when an individual causes an injury to the other party. For example in the case study, Paula causes injury to Pete Smith who was walking along the parking lot, by hitting him with a car. A tort can either be intenti...
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