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Identify the elements of negligence, that is, duty, breach, causation, proximate cause, and damages

  • Read McCarty v. Pheasant Run, Inc. – 826 F.2d 1554 (7th Cir. 1987), on pp. 98-99 of your textbook.

 

 

Write a two to three (2-3) page paper in which you:

 

 

  • Explain the innkeeper’s duty in this case.

 

  • Summarize the trial court’s decision of innkeeper negligence or not. Explain how the court arrived at that conclusion.

 

  • Speculate whether or not the innkeeper likely would be held liable for breach of duty under the following changed circumstances.

 

  • Guest McCarty had locked the sliding glass door before she left her room for dinner and meeting. Intruder had pried open lock to gain entrance, assaulted her, and fled.

 

  • Shortly after guest McCarty had returned to her room from dinner, she opened her door when she heard a knock, without looking through the peephole. She thought that it was her supervisor whom she promised to give a revised version of the speech, which she was to make the next day, for his review. Instead, it was a male colleague, whose advances she had rejected at dinner. The colleague pushed through the open door, assaulted her and fled.

 

  • Format your assignment according to these formatting requirements:

 

  • Typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; references must follow APA or school-specific format. Check with your professor for any additional instructions.

 

  • Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required page length.

 

The specific course learning outcomes associated with this assignment are:

  • Identify the elements of negligence, that is, duty, breach, causation, proximate cause, and damages.

 

  • Use technology and information resources to research issues related to law and the legal system.

 

  • Write clearly and concisely about issues in law and the legal system using proper writing mechanics

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