Alma and Hassan own a neighborhood restaurant that specializes in Middle Eastern food. They recently renovated their building, and for several weeks, construction materials partially blocked the front door. Hassan hung a sign that said, "Pardon our mess" on the front door, and strung bright yellow safety tape around the materials to alert customers.
Marjorie was a regular customer at the restaurant, and came in almost every day for Alma's fresh falafel. During the construction, she often joked with the couple about how long the renovations were taking, how the materials were blocking the sidewalk, and how happy she would be when the remodeling was completed.
On the last day of construction, Hassan removed the sign and the yellow tape in preparation for the contractor removing the last of the materials. On that day, when Marjorie came in for her falafel, she tripped on the remaining materials, fell through the glass door of the restaurant, and suffered cuts and gashes to her face and arms.
Under what tort theories could Marjorie sue Alma and Hassan? On what defenses can they rely? How will her recovery differ if your state follows a comparative fault theory or contributory negligence?
1. Distinguish between actual cause and proximate cause.
2. Explain the formalities associated with the execution of a will.
3. Explain the difference between abandoned, lost, and mislaid property.
4. Differentiate between the rights and duties of a landlord and a tenant.