Case Study: CARDWARE, Inc.

646 Words3 Pages
The purpose of this memorandum is to provide Casandra Cardigan CEO of CARDWARE Inc with the necessary and vital legal information regarding the elements the plaintiff needs to sue based on negligence in a civil court of law in the United States of America. The second and final purpose of this memorandum is provide possible potential defenses CARDWARE and Candice Cardigan may use to dwindle the plaintiff Myra 's claim of negligence. Whether Myra, world renowned supermodel, has a sufficient claim against CARDWARE and Candie Cardigan a model hired by CARDWARE, for negligence due to suffering a broken nose and cut to her face from the defendant 's shoes. In order to bring a cause of action based on negligence; furthermore, negligence requires the following elements Duty, Breach, and Caution. In the United States, businesses of all sectors and individuals in general owe people a general duty of due…show more content…
If CARDWARE hired a professional model to display their Naturally-there sweater line, then maybe Myra would have never suffered a broken nose and cut to her face; moreover, this reasoning is called Breach. According to Judge Anthony Calisi, a person breaches their duty by failing to act in a reasonable manner toward another person (Calisi, 2016). Could Myra have recovered from her fall better and not caused such a scene at the fashion show held at Easton Hotel if were a professional; furthermore, this angle could possibly be used against the defendant to discredit their defense. Lastly, in order for the plaintiff Myra claim of negligence to hold up in the court of law her claim must pass several tests that can be find within causation. There are two types of causation which are called Actual Causation and Proximate Causation. Actual Causation asks did the CARDWARE and Candie Cardigan actually cause the harm to occur? To decide weather or not CARDWARE and Candie Cardigan the defendant caused brought
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