Fact Pattern

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 1 (8 marks)

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)

Question 2 (2 marks)

BBQ's lawyers learn an interesting fact in the course of the lawsuit: Alice was also intoxicated (over the legal limit) at the time of the accident. What impact does this fact have on Alice's negligence claim against BBQ?

Question 3 (3 marks)

BBQ's lawyers learn another interesting fact in the course of the lawsuit: Alice was not wearing her seatbelt at the time of the accident. What impact does this fact have on Alice's negligence claim against BBQ?

Question 4 (2 marks)

BBQ's lawyers learn yet another interesting fact in the course of the lawsuit: Alice suffered from a rare bone disorder that made her bones particularly weak. The medical evidence shows that Alice, if she had not suffered from the bone disorder, would have likely still suffered injuries, but the injuries would not have been serious enough to render her quadriplegic. Does this fact, if BBQ is found to be negligent, affect the amount of damages that Alice is able to collect?