Negligence - Negligence Please note these are NOT model...

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Negligence Please note these are NOT model answers!! 2005/2006 (Sem 1) Q.5 2006/2007 (Sem 1) Q.5 2006/2007 (Sem 2) Q.6 2007/2008 (Sem 1) Q.5 2007/2008 (Sem 2) Q.5 2005/2006 (Sem 1) Q.5 Mr and Mrs Tse celebrate their 25 th wedding anniversary on the 11 th December at the High Table of the Golden Hotel in Wan Chai. On his way to greet his guests at the entrance to the High Table dining area, Mr Tse slips on the highly polished floor and breaks his hip . The anniversary dinner has to be cancelled . Their son Marco has arranged a three week holiday in Montreal, Canada at a five star hotel as a surprise anniversary present. The holiday has to be cancelled. Mr Tse seeks your advice on his rights and remedies in the tort of negligence . Use case law and ordinance to support your answer. (25 marks) Note that this question is for 25 marks! Other questions may be split into two parts (a) and (b), with part (a) = 15 marks and part (b) = 10 marks, or (a) = 18 marks and (b) = 7 marks. Please consider the time you spend on each part, you should try to make sure that each part is given the correct amount of time and consideration. DO NOT only write an answer to part (a) and then forget part (b), you could lose many marks, so be CAREFUL!!!!! Mr Tse will be advised as follow: For Mr Tse to bring a successful claim in the tort of negligence against the Golden Hotel the following elements will need to be satisfied. As Mr Tse is the plaintiff, in order to successfully sue for negligence he will have to prove the following. It must be shown that: (i) the plaintiff was owed a duty of care by the defendant; (ii) there was a breach of the duty of care by the defendant;
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(iii) the plaintiff suffered material injury/loss as a result of the defendant's poor conduct; (iv) there was a close connection between the defendant's conduct and the plaintiff's injury/loss suffered. (i) Mr Tse was a guest at the High Table in the Golden Hotel in Wan Chai. There is no doubt that the Golden Hotel owes a duty of care to the guests who visit their hotel. (Donoghue v Stevenson) Lord Atkin laid down the neighbourhood principle in this case which defines the duty of care. He said it is a: ‘a duty to take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour’. He then goes on to describe your neighour as: persons who are so closely and directly affected by my acts that I ought to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.’ The duty of care is thus the duty to take reasonable care to avoid causing physical injury or damage to the property of other persons who it is reasonably foreseeable will be affected by your conduct. ( this will be enough as a definition if you do not have time to write the quotes of Lord Aitken – just remember to cite the case and mention Lord Aitken! ) Another way to establish if there is a duty of care is to apply the
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This note was uploaded on 10/20/2010 for the course AAS as3462 taught by Professor Asd during the Summer '07 term at American University of Central Asia.

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Negligence - Negligence Please note these are NOT model...

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