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Assignment Scenario 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...

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Assignment Scenario

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 (Candie) Cardigan and discuss the following:

  1. The elements one must establish to bring a cause of action based on negligence.
  2. Potential defenses that CARDWARE and Candie may use against Myra’s claim.
Answered Same Day Dec 03, 2021

Solution

Swati answered on Dec 07 2021
151 Votes
MEMORANDUM
Date: December 4, 2020
To: Casandra (Cassie) Cardigan, CEO
From: Ga
eal Whitten, Paralegal;
Re: Negligence Requirements and Potential Defenses to Myra’s Claim 
This Memo is addressed to Casandra Cardigan (Cassie), the CEO of CARDWARE Inc. to inform about the lawsuit that could potentially tabled by one of the judges named Myra in fashion show. The intent of this memorandum is to address the elements that should be established in order to provide a credible lawsuit’s basis along with informing the potential defenses which could be applied so as to protect Candie and CARDWARE Inc. The foundation of lawsuit is on the negligence against both, Candie and CARDWARE Inc. This follows the factual occu
ence that happened at Easton Hotel during the showcase event. Due to the incident, Myra
oke her nose and got a cur on her face as there was small wrinkle on carpet. This lead to prompting the cause of action on the basis of negligence on both, the model who caused harm and the company that served as host. There are majorly 3 fundamental elements which must be established in order to
ing cause of action on the basis of negligence. These are:
1. Duty
2. Breach
3. Causation
(Atkins n.d.).
Duty: The point must be established by Myra in which Candie and CARDWARE Inc failed to give the required care for her protection and safety at the time she served as modeling event’s judge. It is mandatory for CARWARE Inc. to give maximum safety towards all...
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