This website uses cookies to ensure you have the best experience. Learn more

Wk 3 Mgm520 Essay

1522 words - 7 pages

1) 1. 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)
1. The Duty
2. Breach of Duty
3. Causation
4. Proximate Cause
5. Damages

2) 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 : ...view middle of the document...

The fact that he was hurt outside of the hotel could be the result of his action for leaving the hotel and running into wrong people.

PAGE 2

1) With that understanding, explain the decision of the appeals court in the Margreiter case. In doing so, discuss which facts the court relied on in its decision and which facts the losing party requested the appeals court decide the case on, although it refused to do so.
One examination of the facts, the court reached the conclusion that the defendants had failed to perform their general duty to protect their guest. The breach of duty was committed because criminals and strangers were allowed to wonder indiscriminately about the hotel, there was failure to maintain competent staff of employee, failure to maintain adequate security and failure to contact the police immediately as well as failure to have hotel security office investigate the incident as soon as it was reported to the hotel employee. . The appeals court decided to uphold the verdict of the jurors. In other words the appeals court refused to decide the case on the argument of the plaintiff. In addition, the court relied on the fact that Margreiter had permanent brain damage, continuing headaches, traumatic neurosis, and epilepsy. So, apart from the verdict of the jury, the Appeals court also based its verdict on the medical report of Margreiter.

2) . Now review the Nordmann case. The Margreiter court used this case to assist it with making its decision (see line two of paragraph #4 of the Margreiter opinion.) What did the Nordmann court say was the "duty of care" a hotel owes to a guest to protect him from injury by third persons?  Provide that here. Then, review the facts that the Nordmann court relied on to determine there had been a breach of the duty by the Nordmanncourt. Briefly recite those here as well. (Points : 10)

In the Nordmann case the court said that the law imposes upon innkeepers at least ordinary or reasonable care to protect their guests against injury by third persons and some and some case call for the excercise of a higher degree of care.
In the Nordmann case the defendants were held to a standard of ordinary reasonable care to protect the hotels guest from injury by third person by the court. The court relied on the Nordman case to establish there was a breach of duty.
The hotel security also did not investigate the incident when it was reported. the facts that the court relied on in the Nordmann case to establish that there was a breach of duty are as follows. The verdict of the jury, the testimony of the occupant of the adjoining room David DuCharme who heard the robbery and assault taking place and who called the hotel operator and the room clerk asking for police but the police was not called immediately.

3. Notice that the Margreiter court doesn't state which duty it imposed on the hotel – it simply recites as "precedent" the Nordmann case for its legal basis. Now that you know the duty of...

Other Essays Like Wk 3 Mgm520

The French And Indian War: The "Real" First World War

1955 words - 8 pages The Seven Years War, or more commonly referred to as “The French and Indian War”, has been called the true First World War. In this book The French and Indian War: Deciding the Fate of North America, the author and historian Walter R. Borneman paints a detailed and elaborate picture that justifies the claim of it being the first true war of global proportions. If ever there truly was a climax to the never ending feud of the European powers

Is The Use Of Animals In Medical Research A Necessary Measure?

1513 words - 7 pages Throughout history, animals have been used in experiments to test product safety and obtain medical knowledge that benefits both humans and animals alike. Every year there are numerous medical breakthroughs, such as medications and surgical instruments, which are tested on animals to insure their safety before they are deemed acceptable for human use. Even though the results of the experiments saved millions of human lives, they are also

Education And The Evolving Job Market

2363 words - 10 pages learn, and (3) all students are unique and therefore learn differently. Educators that hold these beliefs as true are changing the thought process of an outdated system. These teachers work to develop an individualized course of study paralleled with the specific learning needs of their student. An assortment of ways to align instruction with what each scholar requires exists and is commonly broken down into four categories, each with its

Young And Relentless

1737 words - 7 pages There are numerous influences that can be responsible of teenager’s behaviors and attitude as they develop. One factor that is important to these behaviors is parental figures being over involved or uninvolved in their children’s lives. Many of these effects include illegal substance abuse, rising sexual activity, underage alcohol consumption, and tobacco use. Studies show parental participation plays a key role in the characteristics developed

The Natural Law Theory

1231 words - 5 pages Obeying by the natural law theory is the only true and moral way to live life; especially a life lived in God’s image. God’s presence is a guiding factor to obtaining a moral and virtuous life, which can only be obtained by following the natural law theory. God created a set of laws as a supreme guide for humans to live life, like any law these laws were created to ensure wellbeing for everyone. The laws he created are the civil law, the natural

Resolved: Presidential Signing Statements Threaten To Undermine The Rule Of Law And The Separation Of Powers

1811 words - 8 pages . A., & Strauss, P. L. (2007). The presidential signing statements controversy. William & Mary Bill of Rights Journal, 16(1), 11-25. Retrieved from http://scholarship.law.wm.edu/wmborj/vol16/iss1/3 Cooper, P. J. (2005). George w. bush, edgar allan poe, and the use and abuse of presidential signing statements.Presidential Studies Quarterly, 35(3), 515-532. Devins, N. (2007). Signing statements and divided government. William & Mary Bill of

Oppressive Systems Of Government In Egypt And Animal Farm

1529 words - 7 pages As in Egypt, Orwell demonstrates through his allegorical novel “Animal Farm” that leaders are able to establish and maintain power over a people, and in turn create an oppressive and corrupt government system. Orwell shows the significant difference in the education and levels of knowledge in the animals, and how the government takes advantage of this difference. The split between the levels of intelligence is portrayed in the first chapter when

The Pathway To Psychosis

1415 words - 6 pages “How all occasions do inform against me” is a line from act IIII, scene IIII of William Shakespeare’s Hamlet. This line, spoken by Hamlet, expresses his emotional state as he is currently overwhelmed by the death of his father, the king of Denmark, and the situation surrounding it. After Hamlet learns of his father’s death he finds out that his mother has married Claudius, Hamlet’s uncle. On top of all of that, Hamlet soon after

Rated “M” For “More Censorship Not Needed”

1241 words - 5 pages of keeping mature content out of children’s hands. studies conducted by the Peter D. Hart Research Associates about parents purchasing video games for their children of ages 3-17 shows that in 1999 only 49 percent of parents were aware of the ESRB rating and only 43 percent found the ratings useful, while by 2012, 85 percent of parents were aware of the rating but only 70 percent said the ratings were useful. Even though these numbers have

Four Components Of A Legally Astute Social Media Marketing Manager

1914 words - 8 pages With the advances in technology constantly changing companies have to find better ways to market their products to consumers. The explosion of Facebook has given companies a way to market products to consumers. Examine how a legally astute manager can use social media to his advantage. Review different forms of dispute resolution and determine which one works the best. What is the best course of action, the government can use to

Obama's Values

1217 words - 5 pages As individuals, we don’t tend to take action unless it’s for self-interest; however, in Dreams from My Father, Obama spends three years, after college, as a community organizer in Chicago. Obama goes through tribulations, disappointments, and even complete failures organizing meaningful events, decisive meetings, and humble gatherings but he keeps working toward achieving any possible change in the community. Even though results give him every

Related Papers

The Separation Of Capital Ownership And Control

1577 words - 7 pages Wealth of Nations, 1776, Modern Library, Cannon Ed., New York. Jensen, M. C., and Meckling, W. H., (1976) Theory of the Firm: Managerial Behavior, Agency Costs and Ownership Structure. Journal of Financial Economics 3: 305-360. Fama E. F., (1980), Agency Problems and the Theory of the Firm, The Journal of Political Economy, The University of Chicago Press. Macey J. R. (2008), CORPORATE GOVERNANCE AS PROMISE, Corporate Governance, Princeton University Press.

The Versatility And Flexibility Of Oled's

1014 words - 5 pages In April 1, 2002, organic light emitting diodes gain rise in the scientific community with their published, more practical form at Ames Laboratory. “Scientists at the U.S. Department of Energy's Ames Laboratory, in collaboration with scientists at the University of Michigan, Ann Arbor, have developed and demonstrated a novel, fluorescence-based chemical sensor that is more compact, versatile and less expensive than existing technology of its

Comparing The Moral Virtues Of Antony And Julian The Apostate

1103 words - 5 pages Roman emperor Julian the Apostate and Christian leader Antony both exhibited many qualities of character during their existence. Both of them led very distinctive lives although shared several ethical values. Book 25 of “The Later Roman Empire” and the book “Early Christian Lives” show concrete evidence of this. In the following essay, I will argue how both leaders’ lives were devoted to their religious beliefs and their mutual cardinal virtues

Living In A Cashless Society Essay

1637 words - 7 pages Money in a traditional sense no longer exists. Money is becoming much of a concept than a physical material, and most ordinary bitter have not see the reality of the switch. People today are using credit and debit cards on a regular basis and in everyday situations such as meal purchased at fast food, highway tolls, clothing, groceries, gas stations, etc. all of these means of systems could be regarded as a cashless society or world. The question