Finding legal issues in a fact pattern regarding torts and contracts
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Discuss all legal issue for following case.
(1) " Sweet Samantha was at the grocery store. She slipped on a banana peel left by another customer. A young child was eating one of the bananas from his father's cart and dropped it on the floor. Samantha injured her ankle and was limping as she left the store. Another customer saw her in the parking lot. He offered to assist her with her groceries and even offered to follow her home and help her there. She agreed and gave him her address. When she arrived home, she waited for him but he did not show up. She waited to long that some of her food was ruined as it was a very hot day."
(2) ''Sly Sid owned a house. He wanted to sell it fast. he placed an advertisement on Craigs list, offering to sell the furniture with the house. He also put a sign in his yard. He placed the advertisement using the name of a local realtor but he was not actually affiliated with them. Silly Sarah was looking for a house and saw Sid's sign in his yard. Sid showed her around the house. He explained that although the basement had some water damage that he had fixed the issue. he also told he that in the summer he had some lovely rose bushes at the front of the house. Sarah agreed to buy house. She later found out that Sid was married but that his wife knew nothing about the sale. She also found out about the furniture and demanded that it be included. Finally, she found out that the basement water issue had been worked but not fixed. The realtor seeks a commission on the sale."
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Solution Summary
The legal issues exist in a slip and fall incident in a grocery store and a house sale where false representations are made.
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1) Here, Sweet Samantha may have a negligence claim against the grocery store. They owed her a duty of care and breached it when they didn't pick up the banana peel. She may also have a strict liability claim against the store as we don't expect banana peels to be on the floor of a grocery store. This claim will only work if it can be proven that the banana peel had been laying on the ground for some time. She may have a slight negligence claim against the father who's child dropped the banana peel on the floor but this will probably fail as the father has no heightened duty ...
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