Managerial Finance
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What are the elements of negligence that Mr. Margreiter will need to prove against the hotel in order to win his case? List the five elements here. (Points : 5)
The elements of negligence that Mr. Margreiter will need to prove against the hotel in order to win his case include:
The duty. In this case the plaintiff is required to act like an ordinary and reasonable prudent person.
Breach of Duty, which comes after establishing the standard of care of the hotel. Hotel was negligent, it did not have the adequate security needed to ensure that guest, staff and other assets of the hotel are well protected. The hotel should have adequate surveillance which should include; patrolling security officers, surveillance cameras, heat sensing devices or adequate alarm to ensure that all entrances and exits are guarded and are professionally supervised.
Causation, this element is effective after establishment of the breach of duty was the cause of the plaintiffs injuries. The element is used to determine the crime committed against the guest and the injuries he sustained. The “but for” test which determines the defendant action or absence of action, that could have prevented his injuries.
Proximate cause, this is the element which explains the negligence that caused the injury. This negligence may be the main cause of the injury, and not others claimed to have been inflicted.
Damages. The plaintiff, Mr. Margreiter must establish the damages and loss that he suffered as a result of the hotel negligence.
2. Applying the facts you have from the case problem above only, lay out a case for negligence against the hotel. Use the elements to outline the case. Start with the first element, explain what facts you have for or against that element, and then continue through the five elements of negligence. If you do not have enough facts to make your case, explain what facts you would need to have in order to support a case of negligence. (Points : 10)
The duty, this element requires that the plaintiff to act like an ordinary and reasonable prudent person. It is the duty of the hotel to ensure that all guests including staff are protected from any attack from a third person. New Hotel Monteleone Inc failed in this situation to protect Mr. Margreiter from the brutal attack which had occurred that evening. Secondly, Breach of Duty which comes after establishing the standard of care of the hotel. Hotel was negligent, it did not have the adequate security measures and business planning needed to ensure that guests in the hotel were thoroughly protected. The hotel was negligent, it should have protected its guests and should have monitored its entrance, exists, surroundings and elevators from any strangers or suspicious persons. Hence, it should have made it duty to ensure that proper