Story about legal claim against business. Law Case Study

A story about Legal Claim against Business
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A story about Legal Claim against Business
Businesses at one point or another face the prospect of being negligent in their duties, although the law has to determine the certainty in the matter thereof. Similar predicaments face Marriott International Inc. and Starwood Canada ULC hotels. Many Canadians who have stayed in these locations are in the process of taking legal action against these firms for what they consider a security breach (The Canadian Press, 2018). So far, there have three proposed class actions filed against the companies, which are based in the United States. The firm made recently reveals that hackers had stolen travel, passport, credit card, and contact data belonging to approximately half a million customers over four years. Such news has had significant implications for the multinational company. The plaintiffs have accused the firm of negligence, arguing that they have been “reckless” as they failed in safeguarding personal information. Marriott acquired Starwood in 2016, meaning that it had taken over as the operator of brands including Westin, Sheraton, St. Regis, and W Hotels.
In determining a solid case for negligence, the issue at stake has to meet certain criteria that consist of four elements. These are duty, breach, cause, and damage (Owen, 2007). Others might state five elements because ‘cause’ is an umbrella term representing both proximate cause and factual causation. Duty is the first step in assessing a negligence claim. Legal instruments seek to establish whether the defendant had a legal duty of care towards the plaintiff. The standard of care that is expected in precise circumstance separates an act of negligence from an ordinary accident. The second criterion is the breach of duty where it is assessed from a reasonably prudent person’s perspective on what they would do in similar situations. The reasonable person (man) under the Canadian law is “a legal standard to determine whether the conduct of the parties in a case was proper in the circumstances” (Courthouse Library, 2019). Causation is the third element, which stipulates that the plaintiff has to showcase injury arising from the defendant’s negligence. As mentioned earlier, causation could become relevant from another angle. In this case, the element applies when there are reasonable foundations that the defendant could foresee the consequences of the actions thereof. Finally, there is the fourth element, which is damages. Damages represent the avenue through which the court can compel the defendant to compensate the plaintiff. In most circumstances, the compensation is monetary, which is meant to pay for expenses.
The members that are in the company’s preferred guest loyalty program are the first type of customers that have already filed for the beginning of the relevant legal process. One of these people is Glen Winder, who has Sajjad Nematollahi of Siskinds Limited Liability Partnership (LLP) as his representation. The lawyer claims that “it is deeply concerning that Marriott appears to have failed in implementing or maintaining reasonable security measures to protect the integrity of its gue...