A water pipe burst in the basement of Superfast, a grocery store, flooding the basement and damaging cases of canned goods on the floor. The plumbing contractor’s workmen, in repairing the leak, knocked over several stacks of canned goods in cases, denting the cans. After cleaning up, Superfast put the goods on special sale.
Four weeks later Susan was shopping in Superfast. Several tables in the market were covered with assorted canned goods, all of which were dirty and dented. A sign on each of the tables read: “Damaged Cans – Half Price.”
Susan was having Guest for dinner that evening and purchased dented two cans of chicken, packed by Cansco, from one of the tables displaying the damaged cans. Before Guest arrived, Susan prepared a chicken pot pie which she and Guest ate. Both became ill and the medical testimony established that the illness was caused by the chicken being unfit for human consumption. The cans of chicken consumed by Susan and Guest came from the case that was at the top of one of the stacks knocked over by the workmen.
Susan asserts a claim against Cansco based on negligence, what results? Although Guest may have a case against Superfast, and the plumbing workmen may have some responsibility, you are only to discuss Susan’s claim against Cansco. What are the defenses which Cansco may raise?
Find three cases that support Cansco’s defense in this case. Write a short essay (minimum 500 word) defending Cansco. Cite to your supporting cases by comparing and contrasting the similarities and/or differences between those cases and Cansco’s case.
ultimately, used to justify forms of social domination” (Storey, 2009, p.202). The cultural and behavioural are not only supportive of the social order, and of the political and economic bases of power, but are constructive of it; cultural distinction of and between social classes works both to maintain and to justify difference, and to assert and articulate power relations. The ways in which we live our lives do not only give meaning, they represent difference, and such differences are generative of power. In Bourdieu’s analysis, dominant groups in society maintain that dominance through their ability to assert that which signifies themselves both to themselves and to others, and to construct difference from that as other and wrong (Bourdieu, 2010, pp.398-426). This operates in multiple ways: in the defining of societies into groups and of subgroups, in controlling who is and who is not tolerated in terms of being a member of that dominant group, and in constructing both alternatives for those who would seek to become part of the upper echelons of society, and for those who would not. It might be argued that while Marx suggests ways that give insights into why power is constructed and its true reasons for existence – to support and maintain economic control – Bourdieu instead focuses on how this is done, and on the implications for societies who might seek change as a consequence; cultural capital is as important as economic (or political) forms of capital – and therefore of power – in societies, and therefore it is of importance to appreciate the subtlety of its working, not least so that the true exercise of power is not perceived (Savage, 2015, pp. 49-50). As this commentator puts it, “[t]he transmission of cultural capital … is opaque and is necessarily masked in a language of meritocratic achievement and hard work … [because] the minute it is actually seen as a form of overt privilege, then it can be contested” (Savage, 2015, p.50). Through the discourse of capitalism and of the notion of the rational self-interested individual working to gain the rewards of their personal industry, we are made willing fools, so the analysis goes, and can never do more than buy some of the trappings of the dominant classes (Savage, 2015, pp.49-51). In the contemporary era, it is perhaps in the zone between maintenance of certain signifiers of dominance and of the ability to navigate across multiple cultural landscapes with ease and authenticity which is where cultural capital – and therefore power – might be seen to lie (Matthys, 2014, pp.236-252). Bourdieu’s analysis of power in these terms offers a development from Marx’s in that it can be more clearly seen how power might be used, represented and protected in a society; capital exists in cultural forms as well as in the explicitly economic and political – though these articulate with each other – and it is in the cultural arena of life in which the centrality of lived culture, and of questions of taste, distinction, and of way of life – habitus, in Bourdieu’s own terminology – which is where power is exercised (Weininger, 2002, pp. 125-126). Synthesis>GET ANSWER