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Contributory Negligence Essay

Decent Essays
Is the restaurant strictly liable for their coffee severely burning the customers or can they use the defense of contributory negligence due to the fact that the customers knew of the risk? Is Steve liable for abnormally dangerous activities for carrying a full serving tray and a coffee pot at the same time? Is Steve liable to Kari for reckless misconduct for spilling hot coffee on her? Is Kari liable to Amanda for negligence or reckless misconduct for knocking the coffee onto Amanda’s lap? Is Amanda liable to Steve for Battery for whacking the tray out of his hands? Is Amanda liable to the restaurant for defamation for yelling that the restaurant was infested with rats? Is Steve liable to Amanda for assault for attempting to slap her? Is Steve…show more content…
June Issue: Is June liable for the intentional infliction of emotional distress to April? Rule: “One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm.” Analysis: Plaintiff, April, would argue that June intentionally caused her emotional distress. She would begin her argument by saying that when June insulted her parenting skills, this was extreme and outrageous behavior. It was emotionally harmful to April given the situation that she was in. Next April would argue that June’s actions were intentional. June intentionally waited to tell April where May had gone in order to teach April a lesson. Her actions were also reckless because something could have really happened to May while her mother was looking for her. Since April already had a fear of something bad happening to May, this event made her feel as though her fears were true and made her extremely emotional in this situation. June’s actions ultimately caused bodily harm to April. April was unable to sleep due to nightmare for the next few nights following the
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