MGMT 520 Week 3 Negligence, Product Liability, Warranties, And Really Hot Coffee – Homework ES
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1) What are the elements of negligence that Mr.Margreiter will need to prove against the hotel in order to win his case? List the five elements here.
2) Applying the facts you have from the case problem above only, lay out a case for negligence against the hotel. Use the elements to outline the case. Start with the first element, explain what facts you have for or against that element, and then continue through the five elements of negligence. If you do not have enough facts to make your case, explain what facts you would need to have in order to support a case of negligence.
3) What defense(s) does the hotel have on its side? List (and define) those here. Very briefly state why you think the hotel could use this defense
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Question :
During an appeal, the appeals court is required to rely on the evidence submitted during the trial. The “record,” which is made by both parties during the trial, including all objections and other submissions of evidence, is binding on the appeals court, unless it was erroneous or not reasonable to believe or accept that evidence. Further, decisions of fact and credibility are typically left to the jury to make, and appeals courts prefer not revisiting those decisions (unless they are beyond the weight of the evidence or defy credulity.) Because the jury can weigh the body language of the witnesses during trial, and the record on appeal can’t show that, appeal courts prefer allowing juries to make “fact-finding” decisions. Judges on appeal try to look for legal theories to overturn cases (or uphold them.) They make the “law” based decisions, based on the record before them.
With that understanding, explain the decision of...