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Philip Laws Leased an Apartment from Candice Sutton

question 37

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Philip Laws leased an apartment from Candice Sutton. Laws had notified Sutton on more than one occasion that the wooden steps to his apartment were decaying and in need of repair. Laws claimed that he had to leave the outside light on to avoid portions of the steps that no longer would bear his weight when he came in at night. Sutton promised to repair the steps while Laws was away on a business trip. Accordingly, Laws did not leave lights on during his absence. When he returned three nights later, Laws was injured when one of the steps broke under his weight as he was entering his apartment. Laws sued Sutton. Sutton replied that she should not bear liability for Laws' injury because Laws knew of the condition of the steps and had not taken the customary precaution of lighting the area. Based on what you have learned in this chapter, decide the case.


Definitions:

Proportional Recovery

The concept of obtaining a share of recovery or compensation that is directly proportional to one's loss or investment.

Common Law

A legal system based on court precedents and customs, as opposed to statutory laws.

Preliminary Negotiations

Initial discussions aimed at reaching an agreement or understanding before formal negotiations commence.

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A public promotion of some product or service, aiming to attract interest, engagement, and sales.

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