British Tort Law Case Study Example | Topics and Well Written Essays - 2500 words

British Tort Law - Case carry ExampleFor any one party to be held responsible for violation of the tort law, the claimant must tack together that there is a duty of cope and that there has been a assault of that duty to cause harm or loss to the claimant that needs to be compensated by an award of damages. There is a breach of the duty-of-care principle if the defendant is proven to have failed to do what a reasonable person will do in the situation presented.Francesca was a chambermaid of good standing at Hulton hotel until a regular hotel lymph node stormed into the managers office one day to accuse her of larceny. The hotel regular Manon complained that he asked Francesca to redeem a dance orchestra deserving 20,000-pound sterling from a downtown jeweler where it was taken for repairs. He never saw the chambermaid and the ring again. Obviously, Francesca kept the ring for herself and avoided Manon while continuing her duties at the hotel. In March, the hotel steering dism issed Francesca for cause and brought a court case against her. She was convicted in August on several counts of theft after subsequent investigations revealed that she had stolen from early(a) hotel guests before, although mostly involving items of smaller value. The hotel guest Manon, insisting that the hotel management shares responsibility for Francescas misdeed, is intent on suing the hotel, saying the presidency should answer to the law as well. Question Is the Hulton hotel management accountable for the loss of Manons ring to the thieving Francesca coif Yes, the hotel management shares the blame for Francescas exertions under the British tort law. However, this judgment depends on the circumstances surrounding the theft. The Occupiers obligation Act in UK expressly provides that any person like a shop owner who admits plenty into his expound owes a minimum duty of care to protect these peoples pencil eraser (MRL, 2003). This statutory tort applies to health and safet y regulations across the workplace (Honore, 1995). In the case simulation at bar, the Hulton hotel management admitted the man Manon into its premises as hotel guest. The hotel here is a workplace where health and safety regulations are to be strictly observed. It follows that the hotel management is duty-bound to care for its guests safety from trespassers against his goods. Therefore, Manons loss of his ring can be traced to the hotels breach of its duty of care by failing to detect the presence of a potential theft among its employees as a safety precaution. For this reason, it is reasonable to ask the hotel to recompense the loss. The management, however, may argue that Manon had it coming because he entrusted his ring to Francesca as an individualist presumably enjoying his confidence, and not as an adjunct of the hotel who entered the arrangement with the full knowledge of management. It should be noted that Manons act of personally requesting Francesca to redeem his ring fro m the jewelers shop in his behalf involved an element of trust. If that were so, common sense dictates that the theft was a result of Manons