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Affirmative, Defenses

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Factual Situation:
Two minors, Bill Jones and Robert Smith, were killed when a soft drink vending machine fell on them and crushed them. At the time that the machine fell on them, they were rocking the machine back and forth and side to side, attempting to steal soft drinks and/or money from the machine. The boys' parents filed a wrongful death action against the vending machine owner for negligence. What, if any, are the affirmative defenses available to the owner of the vending machine?

Answer:

Factual Situation:
John, a refrigerator service technician, with Handy Dandy Electrical, Inc., was sent to the building construction site to make some repairs. The area where he was sent by the contractor was dark, and he tripped on some building materials on the floor and fell and was injured. He sued the contractor for negligence in not keeping the work site safe. What, if any, are the affirmative defenses available to the contractor?

Answer:

Factual Situation:
A customer at a department store tripped over a rolled-up rug protruding from underneath a display bed into the aisle and suffered injuries. She sued the department store for negligence. What, if any, are the affirmative defenses available to the department store?

Answer:

Factual Situation:
A worker was working for a roofing company when he ascended the roof of a building in the rain in an attempt to fix a leak. He slipped and fell, suffering severe damage to one of his feet and various related complications. He sued the roofer for negligence. What affirmative defenses, if any, are available to the roofing company?

Answer:

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Solution Preview

Factual Situation:
Two minors, Bill Jones and Robert Smith, were killed when a soft drink vending machine fell on them and crushed them. At the time that the machine fell on them, they were rocking the machine back and forth and side to side, attempting to steal soft drinks and/or money from the machine. The boys' parents filed a wrongful death action against the vending machine owner for negligence. What, if any, are the affirmative defenses available to the owner of the vending machine?

Answer: SOME STATES HAVE COMPARATIVE FAULT OR CONTRIBUTORY NEGLIGENCE, WHICH WOULD EITHER PRECLUDE RECOVERY BY THE PLAINTIFFS ENTIRELY, OR AT LEAST LIMIT THE RECOVERY TO THE AMOUNT OF CLAIMED DAMAGES MINUS ANY PERCENTAGE THE PLAINTIFFS ARE FOUND TO BE AT FAULT. BOTH OF THESE NEED TO BE CLAIMED AT THE OUTSET IN THE ...

Solution Summary

Cases of Affirmative Defenses are included.

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hypercritical case analysis

Case Analysis:
Anna and Barbara are pro-life activists who are picketing Dr. Cirona's women's health clinic, where, among others services, legal abortion services can be obtained. They and their group of several hundred activists have picketed Dr. Cirona's clinic for several months, and Dr. Cirona has been doused by red paint, had her car damaged, and received death threats over the phone, as well as by letter to her home address. She has also received a flood of threatening emails. Thus far none of the activists have entered the clinic. Frightened and exhausted by her experiences, Dr. Cirona purchases a small-caliber hand-gun to protect herself. One night, Barbara notes that Dr. Cirona is working late, and enters the waiting room of the clinic after business hours, breaking through the front door. She runs back into the back lab, chanting and shouting. Dr. Cirona is napping on a cot she keeps in her office when she hears the commotion. She gets to her feet groggily, takes her pistol out of her purse, and opens the door between her office and the back lab. Barbara, unarmed, turns suddenly at her appearance, and Dr. Cirona shoots and kills Barbara.
The police arrest Dr. Cirona, and Anna is convinced that as a soldier of God in the war against abortion she is compelled to do something. The very next night, Anna sets the clinic on fire, killing a sanitation worker who is cleaning the lab after hours.

QUESTIONS:
1. What defense(s), if any, can Dr. Cirona raise to the charge of manslaughter?
2. What defense(s), if any, can Anna raise to the charge of arson and manslaughter?

For this problem, please discuss (AFFIRMATIVE DEFENSE)( what areas to investigate, what charge for,what defense to use, analysis, provide rule, analysis based on facts or assume facts, legal reasoning).

Affirmative defense examples if any applies in this case: automatism,alibi, involuntary intoxication, statue of limitations,insanity,entrapment,necessity, duress,resisting unlawful arrest,execution of public duties,self defense or defense of others or property

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