The hotel W prohibited smoking in the room but invited guests to step out onto the balcony to smoke. The person T, who was a guest in one of the rooms, stepped out and fell to her death. The person P, the estate personal representative of the person T, filed a suit against the hotel W. To find: The breach of duty of care by the hotel W.

Question

Sample Question and Answer: Question: James was elderly, disabled, and afflicted with very bad arthritis. One day, his 20 year-old neighbor pulled James’s chair out from under James. The girl said she didn’t mean to hurt him. James was not amused and sued the girl for damages. Will James likely be successful? Yes_____ No_____ Reason [Please state the rule(s) of law and your analysis] Answer: James would likely win for the tort of battery which is the intentional harmful or offensive touching of another (the “rule of law”). Analysis: Jokes and pranks are capable of resulting in battery. The chair was pulled out intentionally, which caused offensive contact between James’s body and the floor, in that, the chair was arguably within James’s zone of personal bodily integrity and, thus, an extension of his body. The fact that James was not physically injured is irrelevant. All that matters is that the girl intended the act or knew with substantial certainty of the consequences…

Answer 1

Question

Chapter 6, Problem 5BCP

Summary Introduction

Case summary: The hotel W prohibited smoking in the room but invited guests to step out onto the balcony to smoke. The person T, who was a guest in one of the rooms, stepped out and fell to her death. The person P, the estate personal representative of the person T, filed a suit against the hotel W.

To find: The breach of duty of care by the hotel W.

Summary Introduction

Case summary: The hotel W prohibited smoking in the room but invited guests to step out onto the balcony to smoke. The person T, who was a guest in one of the rooms, stepped out and fell to her death. The person P, the estate personal representative of the person T, filed a suit against the hotel W.

To find: The possible defense claims by the hotel W.

Expert Solution & Answer

Trending nowThis is a popular solution!

See solution

Check out sample textbook solution

Students have asked these similar questions

Sample Question and Answer: Question: James was elderly, disabled, and afflicted with very bad arthritis. One day, his 20 year-old neighbor pulled James’s chair out from under James. The girl said she didn’t mean to hurt him. James was not amused and sued the girl for damages. Will James likely be successful? Yes_____ No_____ Reason [Please state the rule(s) of law and your analysis] Answer: James would likely win for the tort of battery which is the intentional harmful or offensive touching of another (the “rule of law”). Analysis: Jokes and pranks are capable of resulting in battery. The chair was pulled out intentionally, which caused offensive contact between James’s body and the floor, in that, the chair was arguably within James’s zone of personal bodily integrity and, thus, an extension of his body. The fact that James was not physically injured is irrelevant. All that matters is that the girl intended the act or knew with substantial certainty of the consequences…

Sara has a cute cuddly black bear cub. While letting the cub sit in the neighbor kid's lap, the playful cub accidentally scratches the kid's face requiring stitches. Sara is probably: Question 10 options: A) not liable, assumption of the risk. B) liable, strict liability. C) liable, she was clearly negligent. D) not liable, the kid consented to hold the cub.