AITL314 - Tourism Law - Law Assignment Help

Assignment Task

OBJECTIVE:
The objective of the assignment is to assess individual student’s capabilities of analyzing a legal issues on the basis of the principles applicable to law of tort.
QUESTION:
T’sepang arrived Maliba lodge restaurant for a Friday night fish fry. During her meal, a severe thunderstorm began, which caused the ceiling of the ladies’ restroom to leak. After finishing her meal, T’sepang entered the ladies’ room to wash her hands. She slipped on some wet tile, which was caused by the leak in the roof. T’sepang struck her head during the fall and was severely injured.
One week later, T’sepang’s lawyer contacted the owners of the Maliba lodge with a claim for damages. The restaurant owners maintained the fall was not their responsibility, claiming they were not the insurers of guest safety.
Although the owners knew of the condition of the roof, they said it leaked only during extremely heavy thunderstorms and was too old to fix without undue economic hardship. Most important, because the storm was not within their control, the owners maintained that it was not reasonable to assume they could have foreseen the severity of the storm, and thus they could not be held liable for the accident.

Required:
You are to consider the following:
1. Whether the severity of the storm a foreseeable event?
2. What duty of care is in question here?
3. Did the restaurant act prudently?
4. Are the restaurant’s defenses valid? Give reasons thereto.

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