Good Eats Inc. is a new restaurant in downtown St. John's. It is owned by Charlie and Myles. They have just signed a three year exclusive contract with Madeline, a world renowned chef. This was a huge coup for Good Eats as her talents were widely sought after. They feel secure now that they will not have to worry about their food being the best!

Good Eats also brews local craft beer on site. They had to install large tanks to store the brew. After the tanks were all properly installed, Charlie and Myles received complaints from their neighbours concerning a terrible smell coming from the building. They contacted the company who supplied the tanks who said that it was all ok and that this was a temporary stink during the first few weeks.

They were making enough money to cover all their overhead costs and a little bit of profit. Summer in St. John's was a great place to be. Good Eats was approached by a local business - Catan Inc. - to host its annual summer party. There would be one hundred employees coming to the party. The party was going great. Good Eats didn't realize, however, that the company had agreed to pay for everyone's beer. A couple of employees were drinking a lot! Good Eats' employees had received training to help spot people who had drank too much and to stop serving them if that happened. It was really busy at the party and the employees didn't have time to pay attention to everyone who was there. Since it was a private party they also didn't have anyone monitoring at the door. Joseph and Fred had 12 beer each and left the party. A couple of Good Eats employees noticed they were stumbling. Joseph got outside and got in his car. Fred told him he shouldn't drive but Joseph wouldn't listen. He drove down the block and within minutes ran into a pole. He was seriously injured. He had a promising career at Catan Inc. as a computer programmer, however he hit his head in the crash and now has concussion syndrome. He can't remember details very easily and has no ability to concentrate. His doctor says he'll never work as a computer programmer again. Good Eats finds out that Joseph has had three previous accidents that have caused concussions in the past.

Charlie and Myles are very upset when they find out what happened. The very next day, they

receive a complaint from the neighbouring restaurant - Rapply - as the smell from the tanks has not gotten any better. They were installed 6 months ago. The restaurant has lost business - about 20% of its customers have stopped coming as a result of the stinky neighbours. The tank supplier suggests a cap on the vent that may help that will cost about $10,000 to install. Good Eats does not want to spend this kind of money. Rapply is threatening to sue!

As if this week couldn't get any worse, Madeline notifies Good Eats that she is quitting. She has been offered a job at a competing restaurant. Charlie and Myles are just devastated by this betrayal. They give an interview in a local paper where they say that "Madeline was not that good anyway. She made a lot of mistakes that could have caused a public danger, but we were able to catch them as a result of our policies and procedures". Madeline's new employer read the interview and fired her on the spot.

QUESTIONS

Charlie and Myles have come to you for help. They really need someone to help sort this out. Using your superior knowledge of the law, advise Charlie and Myles on what, if any claims, Joseph, Madeline, Catan Inc., Rapply and Bret Hart may have against Good Eats or its employees. What kinds of damages will they seek?

• provide a brief summary of the facts
• identify the legal issues
• explain the legal principles
• apply the legal principles to the facts - facts are an essential part of the case

reach a conclusion -