1.Describe a scenario in which a licensee is held liable for an accident caused by an intoxicated patron.

2.Draft policies that address entry to a bar, service to customers, eviction, and steps to be taken if an inebriated patron wishes to leave the bar.

Case study

Crocker v. Sundance Northwest Resorts Ltd., [1988] 1 S.C.R. 1186 C had been drinking before arriving at a ski resort but also bought several drinks once there. He entered an inner tube race on one of the ski hills. The resort manager tried to prevent C from entering the race, but C belligerently insisted. The manager relented. During the race, C crashed and was rendered a quadriplegic. The resort argued that C had voluntarily assumed the risk when he entered the race. Although he did not remember doing so, C had signed a waiver before entering the race. The Supreme Court of Canada found that, even if he had remembered signing the waiver, he would not have appreciated its nature and import at the time of signing it or at the time the race began. The Court found C 25 percent liable and the resort 75 percent liable on the basis that, in backing down in the face of C's belligerence, the manager had not acted reasonably.

Use the Case study Analysis Template to consider and record the details of both sides of the legal case

Case Study Analysis Template

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