Assignment -
An incident involving negligence (a tort) has occurred at the hotel you work for: (Case: Hotel dining restaurant with low intensity of light, in dinner time. There was a staff just finished serving guest on the right hand side with the tray and a cup of tea, then when she turned around, she pumped into another guest who was walking behind her while talking on his phone and wasn't aware of surroundings (tipsy). The hot tea got spilt on that man arm and caused a second degree burn).
Your General Manager (GM) of the hotel has requested business advice on law and legal strategy relating to the incident -> Present the advice to the GM.
Must:
1. Include a general overview of negligence law
2. Determine whether the hotel's legal position is strong or weak, based on
a. the facts of the incident (each group makes up their own facts)
b. any relevant case law (the cases discussed in lectures and in Chapters 4 and 5)
c. any applicable legislation
3. Provide an analysis as to how the hotel should respond to this situation, once the hotel's legal position has been determined. This includes whether, why and how the hotel should adopt a strategy of litigation or alternative dispute resolution.
4. Contain an overview of the financial and other impact of torts on Australian businesses
5. Offer a conclusion detailing specific short, medium and long term strategies that the hotel can implement to avoid a repetition of the negligence from occurring in the future.
My part is 3, which should provide an analysis as to how the hotel should respond to this situation, once the hotel's legal position has been determined. This includes whether, why and how the hotel should adopt a strategy of litigation or alternative dispute resolution.