Facts: Janet Jones, a 4 year old, was visiting the home of friends of the family, Sandy and John Beach. While at their home, she was sitting on the bathroom counter, not far from a lighted and unprotected candle. Her nightgown came into contact with the candle causing her clothes to catch fire and injuring her.
Janet acknowledged that she knew what candles were before she climbed up on the counter, having seen them on birthday cakes, and also knew that fire could burn.
Janet's parents have hired your firm to represent her in an a lawsuit against the Sandy and John Beach.
Your supervising attorney has asked you to write an interoffice memorandum of law discussing the issues presented in this case and possible defenses that might be raised by Sandy and John Beach. She has also asked that you submit case briefs for all cases you cite in your memorandum.
Although I'm sure this is not a novel situation, I do not know of any cases of the top of my head that meet it either.
Instead, you should be examining the issues, and then finding case law on those principles. You may then find cases on point, or ones where you can reason by analogy.
Let's go over the analysis here.
The Jones case lies in tort. Assuming that the parents have the standing to bring the case and that there is no statute of limitations issue, the analysis should be of:
Followed by an analysis of any defenses that could be presented.
1. Duty - the duty in this situation is determined by the relationship of the parties. The Joneses and the Beaches are described as family friends. ...
Interoffice Memorandum of Law ideas are generated.