The elements one must establish to bring a cause of action based on negligence

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Candie Cardigan has been asked to model CARDWARE’s newest sweater line that is made of thin and yet warm material, called Naturally There, as it can withstand temperatures of 30 below 0. Because this will provide CARDWARE with good publicity of its newest clothing line, she agrees to walk the runway in Fashion City. The modeling event is being held at the Easton Hotel. Celebrities and those involved in the fashion industry will be in attendance. Several models precede Candie and her debut of Naturally There. Clad in a tasteful skirt, 4-inch high heels and a green Naturally There sweater, Candie proceeds to the end of the runway. A small wrinkle in the carpet causes Candie’s left shoe to get caught and she falls over the end of the runway onto the row of judges. Unfortunately, Myra, a judge and world renowned model, suffers a broken nose and cut to her face from one of Candie’s shoes.

Myra wants to bring a lawsuit based on negligence against CARDWARE and Candie.

You are the paralegal working for CARDWARE’s corporate counsel and have been asked to draft a 2–3-page double-spaced memorandum to the CEO, Casandra (Cassie) Cardigan and discuss the following:

  1. The elements one must establish to bring a cause of action based on negligence.
  2. Potential defenses that CARDWARE and Candie may use against Myra’s claim.

Checklist Before Submitting Your Assignment

  • Read the question and what is being asked of you twice.
  • Review the chart on negligence and the defenses.
  • Structure your Assignment in memorandum form.

Example:

Date:

To: Candie Cardigan, CEO

CARDWARE Inc.

From: [Your Name]

Re: Negligence Requirements and Potential Defenses To Myra’s Claim

  • Organize your memorandum with an introduction, body, and conclusion.Note: Your memorandum length of 2–3 pages is separate from the cover sheet and reference page.
  • Keep all font color consistent throughout. If a blue hyperlink appears, remove it by hovering over it and right click. A vertical dropdown menu will appear. Click onRemove Hyperlink.
  • Avoid the use of first person.
  • Provide in-text citations. If a reference is listed in your reference page, make sure it is displayed within your submission where you retrieved information from.
  • Provide hanging indents where needed.
  • Double space throughout your submission, including throughout your reference page. Note: This includes between your references.
  • Your reference page should be separate from the body of your submission.
  • Use Times New Roman size 12 font.
  • Provide an APA formatted cover sheet.

Paper Submissions

There are two types of APA manuscripts: Copy manuscripts (those submitted for publication) and final manuscripts (those not submitted for publication). Copy manuscripts are much more formal and may contain multiple sections. Specifically, they will have an abstract (a 1-paragraph summary of the paper). Unlike copy manuscripts, final manuscripts do not, unless specifically required by an instructor, require an abstract.

They do include:

  • A title page
  • The paper itself (the “discussion”)
  • A references page

Formatting the discussion, or body, of the paper, is also quite straightforward. APA final manuscripts are generally double spaced (unless your instructor requests otherwise). The running head appears in the upper left corner of each page, before the page number (on the upper right hand corner). The full title also appears, but only on the first page of the body of the paper. For subsequent pages, the running head is the only “title” present.

New paragraphs should be indented (which is the default setting for the tab key) and there should not be an extra blank line between paragraphs.

The last thing required is the references page. This page, like the others, has the running head and page number in the upper-right-hand corner. Sources should be alphabetized by the author’s last name (or, for sources without authors, by the first letter in the title) and the second line of each source should be indented a half inch (the first line is not indented).

Here are a few additional formatting standards to keep in mind:

  • Use standard margins: 1″ on all sides.
  • Use standard 12-point font size.
  • Use standard double spacing: Average of 22 lines per page, and between 20 and 24 lines per page.
  • Use left-aligned text. Do not right justify.
  • There should be no spaces between paragraphs within the paper.
  • When citing a quote of more than four lines, you should indent the entire quoted passage 10 spaces from the left margin. It is not necessary to indent these block quotes from the right margin. Continue with the usual double spacing and give the usual acknowledgements at the end of the quote. Block quotes do not require quotation marks.

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