Cardigan Family Made Name Sweater Industry Whereby Designed Sweaters Variety Uses Wide Tar Q30694240

The Cardigan family has made a name for themselves in thesweater industry whereby they have designed sweaters for a varietyof uses and for a wide target audience ranging from toddlers tobusiness professionals. Cassandra, whom everyone calls Cassie, isthe CEO of CARDWARE Inc., Camoni is the spokesperson for thesweater line, and Candie models the lines in the professionalsphere. They often use their mother, Camille, as a businessconsultant for input about various new ideas and marketing becauseshe was the manager and agent of her son’s glove company. Cora andCaley, Camille’s two youngest daughters from her second failedmarriage to Bo Jenkins, are co-office managers of theirheadquarters located in Silkadonia.

CARDWARE is growing by leaps and bounds. It has now opened 10new stores nationwide under the name “The Sporty One.” It has beenagreed by the Board of Directors at CARDWARE Inc. that each storeshall have a general manager and assistant manager who both were toact as sales persons and one additional sales person. The sloganthe store advertises its sports ware with is “You don’t have to bean athlete to look and feel like one.” The current sports ware that“The Sporty One” carries shows a clothing distribution of 60% forfemales and 40% of its line is for males. However, it wouldeventually like for it to be a 50/50 distribution. The Cardigansresearch has demonstrated that the trend has been more female thanmale shoppers. Further, following the marketing theory of many highend clothing stores, CARDWARE prefers slender, young employees towork for it, so that the clothing line can keep with the image ofbeing sporty.

Petunia Rotunda, a middle aged, slightly plump woman saw an adonline for a salesperson for The Sporty One and applied for theposition. The ad read as follows:

WANTED: Salesperson experienced in retail sales ormarketing preferred, energetic, youthful, athletic, and able to“sport” the clothing lines of The Sporty One with style. The SportyOne is a division of CARDWARE Inc. and proud to be an EqualOpportunity Employer.

Petunia has had 5 years of retail experience working in a gardenshop that did have some flannel shirts and aprons as well asgardening gloves for sale. Noah Dahl, a college graduate inmarketing also saw the ad and applied for the salesperson positionat The Sporty One. Noah, a slender racquetball player has not hadany retail experience but has had customer service experience foran online gaming company.

After interviewing both applicants, CARDWARE’s General Manager,Chloe, one of the cousins of the Cardigan clan has decided to hireNoah. Petunia was outraged claiming that she should have been hiredand that she has been discriminated against based on her age.CARDWARE contends that Noah was more qualified as per theadvertisement as well as company image and future plans for thecompany; age had nothing to do with it.

Noah began work the following week. Still angry, Petunia visitedThe Sporty One. She began to harass Noah to the point where othercustomers started to leave the store. Having had enough insults,Noah grabbed Petunia by the arm and shoved her towards the door.She stumbled and ran into one of the clothing racks and thereafterknocked over 92-year-old Hetty Whitestone who was passing by themall store. Hetty suffered a concussion and died.

Using the above facts given, please label with headings anddiscuss the following in this order:

PART II:

If Petunia brings a lawsuit based on negligence against CARDWAREand The Sporty One, will CARDWARE be responsible for Noah’sbehavior? If so, under what theory?

What defenses might CARDWARE assert?

If Hetty Whitestone’s estate claims that CARDWARE should beresponsible for Hetty’s death, will it?

What defenses might CARDWARE utilize?

**for a 2-3 page assignment. thank you :)**