What Would You Do? Please read the “What Would You Do?” case study shown on page 114 of your textbook, and compose an essay with a minimum of 500 words by using the questions in the case as your prompts for writing the essay. Please utilize your readings and any outside research to develop a viable response and/or solution. Please be sure to cite your textbook and any outside sources, and format your paper in accordance with proper APA formatting. MESSAGE 7
Even a “well-
Chapter 4 –
Assume that you manage a
300-room hotel. Your local
WOULD university football team
YOU DO? playing a home game on
Saturday, and the demand
for rooms far exceeds supply.
Your no-show rate on reservations for the past
your decision? What strategies will
3. What factors will you consider as you make
employ to reduce no-shows? Write a short
5 that follow, drawing from your personal
Thalf-page) essay answering questions 4 and
to attend one of your school team’s away
4. You and your family are traveling out of state
football games. Upon arrival, the hotel
where you have a confirmed reservation
denies you a room because it has none
available. What do you think the hotel
three football games has been 8, 12, and 9 percent,
respectively. Currently, you have 100 nonreserved
should do for you?
Prepare a brief (half-page) report describing
how you would answer the following questions.
1. How many room reservation contracts are you
willing to accept?
2. Should you require that all reservations be
5. What if no other rooms were available within
a 50-mile radius of the hotel you originally
To see how courts typically treat exculpatory clauses, consider the case of Honks
v. Powder Ridge Restaurant Corp., 276 Conn. 314, 885 A.2d 734 (Conn. Sup. Crt., 2005).
Plaintiff Gregory Hanks traveled to Powder Ridge Ski Resort to snowtube. Prior
to snowtubing, Powder Ridge patrons are required to sign a “Waiver, Defense,
Indemnity and Hold Harmless Agreement, and Release of Liability” (“Agreement”)
The Agreement stated that by signing the Agreement, the patron acknowledged the
inherent risks of snowtubing and that he assumed all risks associated with snowtub-
ing. The Agreement further stated that the patron would defend, indemnify, and hold
harmless the Defendants from any claims or lawsuits, including negligence claims
Plaintiff signed the Agreement on behalf of himself and
four children he brought
with him. While snowtubing, Plaintiff suffered injuries when his foot became caught
between the snowtube and the manmade bank of the snowtubing run. Plaintiff under-
went multiple surgeries to repair his injuries.
Plaintiff thereafter filed suit against Defendant Powder Ridge alleging that
Defendants negligently caused his injuries.
QUESTION FOR THE COURT
The question for the court was whether the enforcement of the exculpatory Agreement,
which would release a snowtube operator from liability for personal injuries sus-
tained as a result of the operator’s negligent conduct, would violate public policy. The
court examined several factors, including whether Plaintiffs and Defendants enjoyed
similar bargaining power. Defendants argued that they did not enjoy a superior bar-
gaining power because snowtubing is a voluntary activity and not an essential public
service. Therefore, Plaintiff did not have to participate in snowtubing.
Even though the court found that the Defendants had a “well-drafted” Agreement, the
court held that the Agreement violated public policy. Therefore, Defendants’ argu-
ment that the Agreement released them from liability failed.
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