Discuss how the legal tests should be applied to the facts


Problem

Julie owns a restaurant, "The View," which looks onto a river. The entrance is a wooden plank boardwalk from the parking lot to the front door. When the wooden planks were wet Julie knew that they could be slippery. There was no sign warning that the boardwalk could be slippery when wet. Sam and Serena had been to the restaurant several times. On the last occasion they enjoyed a burger and two beers. When they left the restaurant Serena slipped on the wet boardwalk and broke her leg. Serena sued.

A. What are the legal issues that arise in this case?

B. What are the legal tests that the court will apply to decide the case?

C. Discuss how the legal tests should be applied to the facts of the case, and state the likely outcome of the dispute between the parties. Give reasons for your answer, referring to the relevant legal tests.

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Business Law and Ethics: Discuss how the legal tests should be applied to the facts
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