Reference no: EM131515996

Case Scenario: Foods, Inc., a large retail super market store that sells a variety of products, has had an eventful week.

Part I: There have been heavy rains in the area all week. On Wednesday, a ceiling tile that had become wet from a leaking roof in Foods due to the heavy rain storms earlier in the week fell and hit some bags of peanuts causing the nuts to spill across the store aisle. Edie, a customer, entered the aisle, slipped on the peanuts and broke her leg and arm. The manager of Foods was unaware of the leaking roof and the wet ceiling tile and unaware that the peanuts had spilled onto the store floor.

Part II: On Friday, a small group of political protestors carrying signs and quietly chanting were marching back and forth the full length of the public sidewalk in front of Foods. Foods encompasses the entire block by the public sidewalk with entry and exit doors located directly in the center of the store building, and with privately owned parking in the back of the store. Sometimes the protestors were at either of the two ends of the sidewalk in front of Foods, and thus, not directly in front of the entry/exit door doors to Foods. The protestors did not walk on or enter the private parking lot owned by Foods; the protestors did not stop and congregate in front of the store or its entry/exit doors at any time. The management of Foods believed that the protestors were impeding the ingress and egress of customers into Foods and therefore interfering with business. Foods called the police to have the protestors removed.

The police did not arrest the protestors but did require them to stop marching and move away from Foods.

Assignment

Part I:

A. How likely is Edie to win a negligence case against Foods for her injuries resulting from slipping on the peanuts? Why?

B. Consider whether any, legal defense(s) could be raised by Foods. Are any legal defenses likely to be successful in negating liability for Foods? Why or why not? (Tip: Stick only to the facts in the case, do not assume any facts not given.)

Part II:

A. The protestors want to sue the City for violation of their constitutional rights. Specifically, what legal claim could the protestors sue for and why?

B. Could the protestors be convicted of trespassing against Foods? Why or why not?