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MEMORANDUM OF LAW

First, what status did Ross have on Phoebe and JoeyÆs land (invitee or licensee)? Second, what duty, if any, did Phoebe and Joey owe to Ross? Third, if a duty existed, did Phoebe and Joey breach that duty?

Ross entered Phoebe and JoeyÆs property (the Central Park water/amusement park) as an invitee. Therefore, Phoebe and Joey owed Ross the duty of ordinary and reasonable care, including the duty to warn him of latent defects. However, Ross suffered an injury from an ôobvious and apparentö danger, and cannot recover against the defendants.

Every summer from 1993 to 1998, Ross and Rachel vacationed at a campsite and water/amusement park. Phoebe and Joey, their friends, own and operate the campsite and the adjacent water/amusement park called Central Park. Phoebe and Joey let Ross and Rachel stay for a reduced rate, or even let them stay free. Phoebe and Joey closed Central Park early one night during each of those visits and invited Ross and Rachel and another pair of friends to use the park without the rest of the ôgeneral public.ö

In July 1999, Ross and Rachel called Phoebe and Joey to set up their annual visit. Unfortunately, Phoebe informed them that she and Joey would be out of town on the date Ross and Rachel had selected. Ross and Rachel said they would come another time, and Phoebe replied that ôthey were always welcome, any time.ö

Later in the summer, Rachel and Ross decided to drive to the campsite and surprise Phoebe and Joey one weekend. When they arrived, they discovered that Phoebe and Joey had left town for the weekend. But Marcel, who worked for Phoebe and Joey as the groundskeeper, recognized Rachel and Ross as the ownersÆ friends and offered them a premium spot at no charge, plus two free passes to Central Park. Rachel and Ross insisted on paying, and Marcel ultimately rented them a campsite at a substantially reduced rate ($35 for the weekend for a site that usually costs $30 to $7...

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MEMORANDUM OF LAW. (1969, December 31). In LotsofEssays.com. Retrieved 07:52, March 29, 2024, from https://www.lotsofessays.com/viewpaper/1712871.html