Legal Course

Mid Term Instruction

1. Case background

Scenario 1:

The Suzhou Garden Hotel was hosting the Dentons Annually Meeting. Over the first couple days of the meeting, a large number of cans and beer bottles accumulated on the hotel's third-floor fire escape and on one of the adjoining sidewalks. An engineer working at the hotel observed this accumulation. Additionally, the assistant hotel manager received a report that water bags had been thrown from the hotel. Dentons Senior Partner Mike exited Hotel. After walking several steps along the sidewalk parallel the hotel, Mike heard an explosive sound and saw something hit the sidewalk in front of him. Mike looked upward, and his left eye was hit by a mud-like substance. Mike's face and head became numb. Some of the mud-like substance was embedded in Mike's eye. The Hotel's assistant manager tried to help Mike remove the substance using a cotton applicator. As a result of this accident, Mike became blind in his left eye.

Question: Whether Mike can sue Hotel based on Torts?

Fill in the Sheet:

Scenario 1	Factors	Yes or No	Analysis (what is it?)
1	Whether any unlawful act?
2	Whether any fault?
3	Whether any damage?
4	Whether any causation?
Whether there is a tort?		Hint: Only 1-4 are all Yes, there is a tort!

Scenario 2:

At a professional conference held in Suzhou Garden Hotel, one of Hotel's employees seized a plate from the Mike's hand, shouting that a "Bald could not be served in the club". (Unfortunately, Mike is bald) Hotel's employee did not make physical contact with Mike, but the event was witnessed by many of Mike's colleagues.

Question: Whether Mike can sue Hotel based on Torts?

Fill in the sheet:

Scenario 1	Factors	Yes or No	Analysis (what is it?)
1	Whether any unlawful act?
2	Whether any fault?
3	Whether any damage?
4	Whether any causation?
Whether there is a tort?		Hint: Only 1-4 are all Yes, there is a tort!