At the Rutherford Hotel in Magnolia Beach, South Carolina, there are small balconies outside of each hotel room. Ronald Kiwan stayed there in the fall of 2022, after reading online reviews that praised the property and noticing that the hotel offered balconies that guests were permitted to smoke on despite the rooms themselves being non-smoking in accordance with South Carolina law which mandated that all hotels must restrict smoking to outdoor spaces only.

In Room 113, where Ronald stayed, a balcony extends across thirty inches of the room's only window, leaving a twelve-inch gap with a five-story drop to the concrete below. The balconies and rooms are staggered to provide each room with a balcony that does not have another above or below it. A sign prohibits smoking in the room in accordance with South Carolina law, but invites guests to "step out onto the balcony" to smoke.

While unwinding from a long day on the water, Ronald decided that he was too tired to go down to the outdoor smoker's patio provided by the hotel. Instead, he slid the window open, stepped out and fell to his death before even lighting his cigarette

Dennis Miller, the personal representative for Ronald's estate filed a suit against the Rutherford hotel for Negligence.

1) Please list and define the the four elements of Negligence.

2) Discuss whether the Rutherford hotel breached a duty of care to Ronald.

3) Discuss any potential defenses that the Rutherford hotel could raise.