1:Ms Shopper goes into her neighborhood grocery store to shop for dinner. She is on her way home from work and in a hurry. Mr. Owner is at the cash register, ringing up customers.
His Assistant is on break. Just before break the Assistant told Mr. Owner that there was a juice spill in aisle 5. Mr. Owner told him to take care of it before taking a break, but the Assistant decided to wait until after his break.
Meanwhile, Ms. Shopper hurrying down aisle 5 in high heels slips and falls, breaking her arm and losing her expensive diamond ring which slides off her finger and rolls down a drainage vent. While she is trying to get up, a young man grabs her purse and runs out of the store.
Ms. Shopper sues Mr. Owner for negligence, claiming damages for medical costs, lost wages, and pain and suffering. She also claims damages for her lost ring and purse, which contained $500.
Analyze the elements of negligence that Ms. Shopper must prove for each claim. What are Mr. Owner's legal defenses? Will Ms. Shopper be able to prove her case?
2: I see your point regarding Ms. Shopper rushing through the stores. However, I do not see Ms. Shopper being obligated to duty of care just because she was rushing in the store.
It also does not negate the duty of care of Mr. Owner. He is responsible for keeping the aisle clean and safe in his store. Because he failed to do so, he breached the duty of care agreement and should be held liable.
3: I agree with the responses of Desmarie and Brittany for this reason: if she was hurrying and a jury found that her hurrying contributed to the injury, that would be the owner's defense of comparative negligence.
The damages would be reduced by the amount of her contribution to the injury -- probably 10-20%. If the case went to trial, of coursr that would be worth arguing. But settlement might cost less. What do you think?
4: There was some really useful information in the video, specifically on the defense of misappropriation. The defenses are:
That you did not disclose the information
That you have reverse-engineered software, hardware, or information without breaching confidentiality
You can prove that you learned the information from someone without the duty of confidentiality
If you find that the information is publicly disclosed by someone who has no duty of confidentiality, you are relieved of your obligations of confidentiality. In this sense, it would no longer be a trade secret. Another defense could be that when a secret is no longer maintained in secrecy, it loses its status as a trade secret.