Reference no: EM133710227

Question

Attorney Files asked you, the paralegal, to analyze the potential merit of the defenses raised and prepare an intra-office memorandum to him in which you identify, explain, and analyze the merits of each defense. In doing so, you must explain what facts the Defendant must prove to be successful on each defense. ??The Pet Store has raised each of the following defenses in the Answer:? 1. Contributory Negligence of the Plaintiff - Defendant claims that the lawsuit is barred by the contributory negligence of the Plaintiff for placing his face near an unknown animal without taking any precautions. 2. Comparative Negligence of the Plaintiff - Defendant claims that even if the Defendant was partially negligent, the Plaintiff's own conduct should be used to offset the claim and reduce the Plaintiff's damages. 3. Assumption of Risk - Defendant claims that Plaintiff knew it was dangerous to engage with a strange animal in such a way to put himself at risk. Defendant claims that as a result, the lawsuit is barred. 4. Failure to Name a Necessary Party- Defendant claims that because it was the negligent or reckless conduct of the animal shelter, and not Pat's Pets, that was the proximate cause of the injury, and they were not a named defendant, the case should be dismissed. Conduct the necessary legal research of the law in Massachusetts with regard to each of the above defenses raised by the Defendant. Evaluate and analyze each defense and each of the issues.