Business 166
Leah Peer
04/04/18
Test #2
1.
A) Sole Proprietorship- A business organization in which one person owns and, often, operates business. General Partnership- A business organization in which two or more owners agree to share the profits of the business but are also jointly and severally liable for its debts.
Limited Partnership- A business organization with two classes of owners. The limited partner invests in the business but may not exercise control over its operation, in return for protection from liability. The general or managing partner assumes full control of the business operation but can …show more content…
It will be used for filing taxes, obtaining finances, and getting credit cards.
-Annual Fees range from 0-800
-opening the hotel depending on the cost, it can cost up to 4.5 million or more
-maintaining it would be 300,000 possibly more
Total cost could approximately be 5 million or more
2. Fact: Laureen Statte was a guest at the Vacation Inn Express. Checked into the hotel and proceeded to the workout area. She noticed a sign that says “Hotel Not Liable for Any Injuries Incurred During Workouts.” Ms.Statte did some deadweights before mounting the treadmill. Since she was experienced treadmill user, she started off slow then slowly increased her speed. Ms.Statte fell backward shortly after starting the treadmill causing the plate-glass to shatter and severely injured her.
Issue: Was the Hotel liable for Ms.Statte injury? Was there Negligence?
Rules of Law: -Exculpatory Clause: A contract, or a clause in a contract, that releases one of the parties from liability for his or her …show more content…
-Comparative Negligence: Shared responsibility for the harm that results from negligence.
Analysis: So Ms.Statte claims that it is the fault of the hotel because the treadmill was too close
to the window which the hotel failed to outfit safety windows. The hotel responds by pointing
out the exculpatory clause and by working out in their gym she agreed to the terms. I believe the
guest in this case would be partly responsible for workout since the whole event was
unforeseeable and there was negligence in both parties. From the information that is gathered we
can’t conclude it is just the hotel’s fault. Mrs.Statt could not have been feeling well during the
workout and fell or both parties didn’t know that the treadmill wasn’t working properly. Also the
positioning of the treadmill wasn’t really thought of since this was probably the first incident in
that gym that has ever happened. As a hotel manager I would reimburse Mrs.Statte for her stay
and give her a complimentary stay or two for the inconvenience. The lawsuit could possibly