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QUESTION

Assume that a working security camera, a locking door that can only be opened with a valid banking card and adequate lighting constitute reasonable...

Assume that a working security camera, a locking door that can only be opened with a valid banking card and adequate lighting constitute reasonable safety precautions at an ATM. Answer each of the following questions, in each case DISCUSSING THE FOUR ELEMENTS OF THE TORT OF NEGLIGENCE. 

(A) State and briefly discuss the four elements of the tort of negligence. 

(B) Assume the New York Bank’s ATM on Park Row lacked a locking door (but had a working security camera and adequate lighting) and an ATM patron was robbed at gunpoint by someone who came in through the door. Evaluate whether New York Bank would be liable for negligence in connection with the robbery. 

(C) Assume the New York Bank’s ATM on Park Row lacked a locking door (but had a working security camera and adequate lighting) and an ATM patron was robbed by an individual who entered the bank by crashing her car through the plate-glass window and then stepping through the hole in the wall. Evaluate whether New York Bank would be liable for negligence in connection with the robbery. 

(D) Assume the New York Bank’s ATM on Park Row had a working security camera, a locking door that can only be opened with a valid banking card and adequate lighting and an individual robbed an ATM patron after gaining access to the ATM when a different ATM patron held open the door for the robber. Evaluate whether New York Bank would be liable for negligence in connection with the robbery.

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