Aspect of Contract and Negligence of Business

Use appropriate and scholarly sources in order to complete this assignment successfully, such as peer-reviewed literature and web sources that have .edu, .gov, and .org domain addresses. Wikipedia, and most .com sources are not considered to be of sufficient scholarly rigor.

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Cite all of the resources used with in-text citations, using at least two sources from the Topic 3 readings. These will be included in the list of references at the end of the assignment.

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In the state of Minnesota it is a landlord’s duty “that the premises and all common areas are fit for the use intended by the parties.” Minn. Stat. 504B.161, subd. 1(1) (2015). Many negligence cases have interpreted this law in different ways that rely on the specific conditions during the time of the incident, and if the event was reasonably foreseeable and preventable. The foreseeability of an event can be determined within a reasonable amount of care for the premises. Frye v. Huntington Point Apartment Bldg., A05-2356, 2006 WL 1704234, 2 (Minn. Ct. App, 2006). Part of the reasonable care includes a duty to inspect, repair, and inform tenants of dangers. Id. In order to win, one must prove all four elements of a negligence claim: one, did the landlord have a duty to uphold; two, did the landlord violate that duty; three, was someone injured; four, did the violation of the duty cause the injury. Id. In regards to negligence claims that involve lighting, the key factor that needs to be proven is whether or not the plaintiff could reasonably see what they were doing. Namchek v. Tulley, 259 Minn. 469, 107 N.W.2d 856, 472 (1961). As well accumulations of water on stairways are dangerous and if resulting from landlord negligence are the basis for a claim. Frye v. Huntington Point Apartment Bldg., A05-2356, 2006

The burden of proving contributory negligence is on the defendant. Sooserian v. Clark, 287 Mass. 65, 67, 191 N.E. 763(1934). The defendant’s defense of contributory negligence stands on a different footing. As shown in the record, there is no evidence that the plaintiff himself engaged in any negligence conduct in direct connection with the accident. The alleged claim that the plaintiff was not wearing a seatbelt does not defeat the claim for the defendants’ liability because it is not asserted that otherwise would have happened if he did not have his seat belt on. Moreover, the negligence of the driver far outweighs the alleged contributory negligence of the plaintiff leading to the accident because the defendant was the one whom hit the tree

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