Answer following questions Essay Example | Topics and Well Written Essays - 500 words

Answer following questions - Essay Example In 2 (a), defamation refers to an act of damaging one’s good reputation. Victoria can use the article that was published by Miamisburg Mudslinger as evidence to prove defamation. The evidence would be used to ascertain that libel occurred because a permanent publication that damaged her reputation was made by the Company in form of a newspaper article. In 2 (b), I would bring pure comparative legal defense and assumption of risk defense on behalf of Mudslinger to defeat Victoria’s claim. First, the pure comparative defense would be used to argue that Victoria’s act of engaging in an illegal sexual relationship with a fifteen-year old boy led to the defamation. The photo of her kissing in a rather vigorous manner with the boy ascertains that they were engaging in a sexual affair. Secondly, the assumption of risk defense would be provided on the basis that Victoria knew the consequences of engaging in an illegal sexual relationship with an underage boy and yet she did not avoid the act (Browne et al., 226). Therefore, the plaintiff was responsible for the defamation because she committed an act knowingly that it would damage her reputation if publicly discovered. Negligence has four elements that include; duty, breach of duty, causation and damages. In 3 (a), businesses owe their patrons duty of care. In 3 (b), the store breached its duty of care to its patrons because it failed to either repair or warn passers-by against the possible danger that would resulted due to the divot. Although the divot’s view was not hidden by any obstacle, circumstances made it not to be an open and obvious danger. The management of the Company was aware that there are vehicles often entering the parking lot that might attract the attention of pedestrians hence preventing them from seeing the divot. Therefore, it should have taken precautions to avoid exposing their customers to the danger. In 3 (c), direct cause refers to a