Question
Better Bean Quantifiers LLP (BBQ) is an accounting firm in Vancouver. In December of 2019, BBQ decided to throw a giant Christmas party at their
Better Bean Quantifiers LLP ("BBQ") is an accounting firm in Vancouver. In December of 2019, BBQ decided to throw a giant Christmas party at their offices. Food was served and BBQ paid for an open bar, where employees could drink as much alcohol as they liked, without charge. On the night of the party, Frankie, one of BBQ's junior accountants, became particularly intoxicated. When the party concluded at 4:30 am, everyone headed home. Most of the employees had pre-arranged for a taxi to take them home or have a friend or family member pick them up. However, Frankie, who had not planned to drink very much at the party, did not arrange for a taxi. Samantha, one of the senior partners at BBQ, noticed Frankie stumbling towards his car in the parking lot, and asked him if he felt comfortable driving home. Frankie replied, "Um.... yes, um...... no problem.....ummm.... I got this!" Because the roads were quiet (it was 4:30 am), and Samantha knew that Frankie lived only 2 kilometres from the office, Samantha decided not to provoke Frankie, so she hopped in a taxi to get home. Samantha was extremely tired herself, and just wanted to get home and go to bed! Frankie was well over the legal alcohol limit to drive. On the drive home, Frankie swerved into the oncoming lane of traffic and was involved in a head-on collision with another driver, Alice. Alice suffered very serious injuries and was rendered a quadriplegic. Frankie was 100% responsible for the accident - Frankie's swerving actions were so quick that there was nothing that Alice, or anyone in her position, could have done to avoid the accident. Alice brought a negligence claim against Frankie, but BBQ was also named in the lawsuit, as Alice alleged that BBQ was also negligent on the night of the accident. The damages claimed by Alice are all of the normal and well-accepted damages that someone involved in a similar accident can obtain. (Hint: the types of damages suffered by Alice are not an issue in this assignment)
Question:
Assess Alice's negligence claim against BBQ - was BBQ negligent on the night of the office party? (Notes: (1) As a partner, Samantha's actions on the night of the party are to be considered, as she is acts on behalf of the firm, BBQ; (2) do NOT discuss the liability of Frankie or Samantha personally)
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started