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Somewhere in New York Anne Arnie runs a Soda ' n Stuff store in a large strip mall that has only Anne's store and one
Somewhere in New York Anne Arnie runs a Soda n Stuff store in a large strip mall that has only Anne's store and one other business as tenants. The remaining stores in the strip mall are vacant. Anne's customers are largely university students who walk or ride their bikes to her store from the neighborhood surrounding the strip mall which is filled with apartments and private dormitories. The customers who ride usually park their bikes immediately outside Anne's store while they are inside buying drinks, ice cream, and candy Neither Anne nor the property's owner provide any kind of rack for the bike riders to lock their bikes while they are inside the store. The terms of the lease give both Anne and the owner the right to install safety and security devices as necessary on the property. In the past months, over fifty bikes have been stolen from outside Anne's store while customers are inside. Victims typically come inside the store to inform the clerk and use the phone to the police and report the thefts. During a recent visit, one of the police officers encouraged Anne to install a bike rack and some additional lighting as they have seen a decrease in similar calls at another nearby store that recently implemented similar measures Most recentlyMarc Pioneer recently began attending the local university and heard about this great shop nearby. He left his dorm and rode his bicycle over to the location to check it out. When he arrived, he left his new bike that cost $ parked next some other bikes that were on the sidewalk outside the doorway While he was inside, Marc's bicycle was stolen The police officer told Marc about the history of bicycle thefts at the property while Marc was making his report. Marc is incensed about the situation and wants to sue Anne for the loss of his bike. He thinks that given all of the thefts Anne should have created a safer location and installed a bike rack so customers could lock up their bikes while inside the store. Please answer the following questions and remember to explain how you reached your answer: a What is a claim of negligence and what is the point of a tort claim b Can an argument really be made that Anne acted negligently and should be held responsible for Marc's lost bicycle ie are all of the elements of such a claim established in these facts Please address each element in your answer
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