Often the best intentions and the most well-laid plans are not enough to prevent misfortune. Sometimes chance
Question:
Often the best intentions and the most well-laid plans are not enough to prevent misfortune. Sometimes chance intervenes and sometimes people just fail to see the significance of their actions (or nonaction as the case may be). Psychologists and sociologists have a name for this phenomenon. They call it the law of unintended consequences. Rarely do unintended consequences cause a disaster, but when they do, the law is there to pick up the pieces. This is what happened in the case of Melling v. Los Alamos Inn and Suites. The Los Alamos Inn was owned and operated by the Rosier Hospitality Corporation, a company incorporated in Delaware and operating in 17 states and 3 Canadian provinces. The Mellings arrived in Los Alamos to attend Mr. Melling’s nephew’s wedding. The couple checked into the inn and unpacked their luggage. After settling in, Mr. Melling decided to shower while his wife was out shopping. After taking a shower, he opened the bathroom door and discovered a couple bringing suitcases into his room. The desk clerk had assigned the room to another couple by mistake. Following the incident, Mr. Melling was embarrassed, humiliated, and angry with the inn’s employees for making such a silly mistake, but there was nowhere else in town with vacancies and so the couple decided to stay. Meanwhile, while shopping, Mrs. Melling purchased a diamond ring which she placed in the Inn’s safe deposit vault.
Later, Mrs. Melling withdrew the ring from the vault to wear that evening at the rehearsal dinner. When she went to return the ring to the vault later that night, she was told by the desk clerk that the vault was closed until the next morning. Before retiring for the night, the Mellings locked their outside door but did not secure the chain latch. At about 5:30 AM , they awoke to find a ski-masked burglar in the room at the foot of their bed.
The burglar escaped with Mrs. Melling’s new diamond ring and Mr. Melling’s wallet. After the police had been called and a report filed, the Mellings went off to the wedding. Although they were advised to lock their room before going to the church, Mr. Melling was so upset with the staff at the Inn that he just stormed off and drove away, leaving the room unlocked. While the couple was at the wedding and the reception, their luggage disappeared from their room at the Inn. Later the couple brought this suit against the Rosier Hospitality Corporation. How many legal problems can you spot here and what will the outcome be in each case?
Question
1. What is the Inn’s liability, if any, for Mr. Melling’s embarrassment and distress caused by room assignment error? Explain.
2. Does the Inn have any responsibility for the stolen diamond ring and the stolen wallet? Explain.
3. Is there any limit to the Inn’s liability for the Mellings ’ stolen property or must it pay for the full amount of the loss? Explain.
4. Does the Inn have any responsibility for the Mellings ’ missing luggage? Why or why not?
5. Is there any difference between the Inn’s liability for the stolen rings, the stolen wallet, and the missing luggage? Explain.
Step by Step Answer:
Business Law With UCC Applications
ISBN: 9780073524955
13th Edition
Authors: Gordon Brown, Paul Sukys