Negligence
The incident involved Leslea an employee of the hotel and Mr Toxopersonas a guest. Mr Toxopersonas had informed the hotel that he was a diabetic and needed special meal requests. Leslea, at the time of employment accidently mixed up meal orders resulting in Mr Toxopersonas receiving coco pops; Mr Toxopersonas consumed the coco pops of which he passed out and several losses occurred from the incident. The Law of Negligence appears relevant in this situation. In (Gerbic and Miller 2010 P.430) the three principles to determine Negligence are: i) Was the plaintiff owed a duty of care? ii) Is the defendant in breach of that duty? iii) Was the loss caused by the breach and was it foreseeable? It will also need to be determined as to whether or not Jenny the owner is vicariously liable for the actions of her employee and if Mr Toxopersona is responsible for a proportion of his own negligence.
Mr Toxopersonas had informed the hotel that he had diabetes and requested special meals. It was then the responsibility of the hotel to carry out his requests. In (Gerbic and Miller 2010 P.430) it states, “A person has a legal obligation to take when he or she can foresee a loss occurring if he or she acts carelessly”. In this case, it was foreseeable that if Mr Toxopersonas were given an incorrect meal, he would suffer a loss. Therefore a duty of care owed was to Mr Toxopersonas.
It is clear that Leslea did not perform to the standard of care that can be reasonably expected. It was Leslea’s responsibility to arrange the meal orders for the following morning. Leslea acted carelessly, compromising the standard of care towards Mr Toxopersonas. Leslea was therefore in breach of the duty of care owed to Mr Toxopersonas.
In relation to the incident, Mr Toxopersonas suffered the losses of passing out, breaking his arm, ruining his new Armani suit, breaking his rare dinosaur eggs and being medically unfit to attend the tour of Southland. None of the losses would have occurred if
Mr Toxopersonas had informed the hotel that he had diabetes and requested special meals. It was then the responsibility of the hotel to carry out his requests. In (Gerbic and Miller 2010 P.430) it states, “A person has a legal obligation to take when he or she can foresee a loss occurring if he or she acts carelessly”. In this case, it was foreseeable that if Mr Toxopersonas were given an incorrect meal, he would suffer a loss. Therefore a duty of care owed was to Mr Toxopersonas.
It is clear that Leslea did not perform to the standard of care that can be reasonably expected. It was Leslea’s responsibility to arrange the meal orders for the following morning. Leslea acted carelessly, compromising the standard of care towards Mr Toxopersonas. Leslea was therefore in breach of the duty of care owed to Mr Toxopersonas.
In relation to the incident, Mr Toxopersonas suffered the losses of passing out, breaking his arm, ruining his new Armani suit, breaking his rare dinosaur eggs and being medically unfit to attend the tour of Southland. None of the losses would have occurred if