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Two sisters, Darla and Irene, are partners in an import business located in a small town in Rhode Island. Irene is also campaigning to be the mayor of their town. Both sisters travel to other countries to purchase the goods they sell at their retail store. Irene buys Indonesian goods and Darla buys goods from Africa. After a tsunami (title wave) destroys many of the cities in Indonesia to which Irene usually travels, she phones one of her contacts there and asks him to procure some items and ship them to her. He informs her that it will be impossible to buy these items now because the townspeople are being evacuated due to a water shortage. Irene is angry and tells the man that if he cannot purchase the goods, he should just take them without paying for them after the town has been evacuated. Darla overhears her sister’s instructions and is outraged. They have a falling out, and Darla decides that she no longer wishes to be in business with her sister.
Suppose now that Darla was in the store one day with an elderly customer, Betty Green, who was looking for a unique gift for her granddaughter’s graduation present. When the phone rang, Darla left the customer and walked to the counter to answer the phone. Green wandered around the store and eventually went through an open door into the stockroom area, where she fell over some boxes on the floor and fractured her hip. Green files a negligence action against the store. Did Darla breach her duty of care? Why or why not?
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