Optional Take-Away Essay Writing Assignment

Event:

Milton and Paula Palm were having dinner at Diana’s Restaurant, on a Saturday night, in February 2017. Diana’s is an elegant 5 star restaurant in Anytown, Massachusetts. They ordered drinks and food from Wanda, the waitress. Paula had three glasses of wine with dinner and asked Wanda for an after dinner brandy. Milton ordered coffee. Paula then got up from the table and a few minutes later Wanda saw Paula stumbling back from the ladies room. Paula bumped into a waiter (Buddy) and knocked over the tray he was carrying and the contents of the tray spilled on the dining room floor. Buddy said “Excuse me” and Wanda said “I’ll say -- you should learn to get out of people’s way.” Paula pushed Buddy on his two shoulders and said “I was a waitress before I became an accountant, and I certainly was never as clumsy and incompetent as you!” Milton also paid the bill while Paula was in the restroom. Wanda thought Paula was acting intoxicated and when she was bringing Milton coffee she said to Paula “I think it would be better if you had some coffee rather than the brandy.” Paula became very upset and started yelling “You are a stupid waitress and you ripped us off on the change from the bill, you crook!!” In fact, Wanda had given the incorrect change and had short-changed the Palms by $20.00. Wanda slapped Paula across the face. Paula stormed out of the restaurant and drove out of the parking lot straight into a man (Pete Smith) who was walking in the parking lot and caused serious injuries to him.



Requirement:

1. What else do you want to know to properly evaluate the potential claims in this scenario? Name at least 7 things.



2. Identify all potential plaintiffs and causes of actions/theories. Identify all potential defendants and defenses.

3. What facts support the plaintiffs and what facts support the defendants?

4. Analyze the facts and law.

5. Below is the outline of all the knowledge I learnt, please just use these knowledge to finish the assignment.

Torts - intentional and unintentional

Negligence - Hand out - Elements

Product Liability Theories - Warranties

Express and Implied Warranties; Strict Liability

Design and Manufacturing Defects



Comparative Negligence

Defenses to Negligence and other torts - Text

Misuse, Assumption of Risk



Contract Formation

Elements of a Contract

Offer

Acceptance (Agreement)

Consideration

Damages



Promissory Estoppel/Detrimental Reliance

Defenses to Contract

Age

Illegality

Duress

Mental Incapacity

Undue Influence

Misrepresentation

Mistake

Parol Evidence Rule

Statute of Frauds



Compensatory Damages

Nominal Damages

Punitive Damages

Liquidated Damages

Duty to Mitigate

Specific Performance



Embezzlement

4th amendment

Exclusionary Rule



Duty to Mitigate/Mitigation

Inferences



Facts v. law - jury decides facts, judge advises on the law



Indemnification



Tips: Above are just the outline, if you need more information about which one, just search the topic in the text book I uploaded. This essay is very important to me, please try your best to finish it carefully.

Thank you very much!