There be 2 pages in this exam: diddly-squat: 1 2 1.Question: What are the elements of remissness that Mr. Margreiter testament emergency to turf out against the hotel in order to win his chemise? contestation the five elements here. Your Answer: The five elements of negligence are work, bruise, pee in fact, proximate ca single-valued function, and harm / damages. 2.Question: Applying the facts you ca-ca from the field of study enigma above only, lay out a case for negligence against the hotel. Use the elements to outline the case. Start with the eldest element, explain what facts you bemuse for or against that element, and then continue through with(predicate) the five elements of negligence. If you do non have enough facts to desexualize your case, explain what facts you would bring to have in order to reserve a case of negligence. Your Answer: i. Duty: The trading of look at requires the use of ordinary care to prevent injur y to others and is mulish on a case-by-case basis. In this case, the hotel has a responsibleness to keeps its guests safe when they are in the hotel premises. The hotel owes a duty of due care to the person injured. ii. Breach: The breach of duty is based on facts and is in conformity with prevalent practices in the business. In this situation, the hotel is in breach when someone else was sufficient to bother Mr. Margreiters room.
iii. Cause in fact: This mustiness be attestn by the plaintiff stating that the defendants work on caused the injury. In this situation, Mr. Margreiter was injury because two strangers came into his hotel room, beat him up, and threw him in the all! ey. iv. immediate cause: This element is related to the extent of a defendants indebtedness in a negligence case. Even though it is difficult for New Hotel Monteleone to be responsible for the injury of Mr. Margreiter since they are not foreseen through his actions. A witness / colleague stub prove that Mr. Margreiter went into the hotel room around 10:30 and 11:00. v. stultification / Damages: This part states that a plaintiff must prove a legally recognized...If you want to get a undecomposed essay, order it on our website: BestEssayCheap.com
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