Reference no: EM133113044

1. Your restaurant is being sued by a patron who suffered food poisoning. A month after the examination for discovery, you discover that a document you thought was missing, which contains a warning from the food manufacturer, is in the possession of your former accountant. Must it be revealed to the plaintiff? Why or why not?

2. Jack Black won $1000 at a hotel casino, but the dealer mistakenly gave him chips worth $3000. Before the dealer found the error, Jack collected the extra money and lost it. Even though the casino had recovered the chips without loss of money, it demanded that Jack repay the $2000. He refused and was charged with theft. Is Jack guilty or innocent of theft? Why?

3. Mustafa Ghadban, the manager of a downtown hotel, has noticed that the two Jamaican housekeepers regularly tease the Mexican housekeeper. The latter seems to take the ribbing in her stride-much of it has to do with the soccer teams their respective husbands follow-but Mustafa worries that his Jamaican employees may cross the line one day. What should he do, if anything?

4. Fred wants to join his girlfriend's hockey team at school. Despite the fact that several members of the team are better players than Fred, his application to join the team is rejected. Meanwhile the request of his identical twin brother, Ed, to join the girls' bowling team has been approved. Fred and his girlfriend think this is an absurd inconsistency. Do you agree? Why or why not?

5. Martha reserved a room at the Moonlight Motel. At the last minute, her plans changed making it impossible for her to travel. She called her sister, Roberta, and suggested that she make use of the room in her place. When Roberta arrived at the motel, she was refused admittance to the room on the grounds that there was a waiting list and she was not on it. Was the motel within its rights to refuse her admittance? Why or why not?

6. A jazz singer was contracted to perform for two nights at a nightclub. Four days before he was to appear, the club burned to the ground. What effect did the fire have on the contract? Would your answer change if it were discovered two weeks later that the fire had been set by a disgruntled ex- employee at the urging of a disgruntled current employee?

7. Donna, who was not a guest of the Open Arms Hotel, decided to have lunch in the hotel's dining room. Following the main course, which featured a very generous portion, Donna lacked the appetite for the dessert. The hotel supplied her with a doggie bag. Back at work, Donna gave the dessert to a co-worker, Hugh. When he bit into the sweetmeat, he cut his lip on a shard of glass.

Hugh sued the hotel, which defended on the basis that there was no connection between the hotel and Hugh. The hotel further claimed that the dessert had been delivered intact from a supplier.

Discuss the arguments the hotel used to defend itself and the probable outcome of the suit.

8. The four elements of negligence are: (Explain each)