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Assignment 4: Invitee or Licensee?
Due Week 8 and worth 140 points
Based upon the discussion in Knorpp vs. Hale at pp. 480-483 in the text, and at 981 S.W.2d 469 (Tex. App. 1998.)
Amanda toured a private home as a participant in a garden club tour of homes, and paid $25 to the garden club but nothing to the homeowner. Amanda tripped and fell down the steps to the deck, leading to the garden, though there was no obvious defect in the steps.
Write a two to three (2-3) page paper in which you:
- Suggest whether it would be more advantageous to Amanda to be classified in her negligence lawsuit as a licensee or as an invitee. Provide a rationale for your suggestion.
- Describe how the defendant would rebut Amanda’s classification as either a licensee or as an invitee.
- Describe the duties of care that a landowner owes to both licensees and invitees.
- Identify which level of care is higher for the owner or occupiers of land.
- Format your assignment according to these formatting requirements:
- Typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; references must follow APA or school-specific format. Check with your professor for any additional instructions.
- Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required page length.
The specific course learning outcomes associated with this assignment are:
- Describe the traditional as well as the modern rules, regarding the duties that owners and occupiers of land owe to those that come upon their lands.
- Examine the special duties to rescue or to protect, as well as duties limited by type of harm.
- Analyze primary assumption of the risk.
- Use technology and information resources to research issues related to law and the legal system;
- Write clearly and concisely about issues in law and the legal system using proper writing mechanics.