1. If a person goes out for a night on the town, consumes a vast amount of alcohol, and has an accident, is he or she guilty of voluntary assumption of risk? Why or why not?
2. Also, use the Case study Analysis Template to consider and record the details of both sides of the legal case.

Menow v. Jordan House Hotel Ltd. and Honsberger, [1974] S.C.R. 239

Menow, a regular at the Jordan House Hotel, was known to drink to excess and become obnoxious. The hotel finally banned him from the premises, but some time later offered to serve Menow again on condition that he be accompanied by a responsible adult. One night, Menow entered the hotel with a friend who intended to stay with him. Toward the end of the evening, the friend suggested they leave the premises. Menow ignored the suggestion, which the friend repeated several times. Eventually, the friend, tired of chaperoning Menow, left without him. The staff at the hotel saw that Menow was on his own, but continued to serve him. As was his custom, Menow became bothersome to everyone in the bar, and the staff ejected him. He left the premises in such a drunken state that he was unable to negotiate his way along a roadside. He was hit by a car driven by Honsberger, and suffered serious injuries as a result. Menow sued the hotel and Honsberger claiming that they were responsible for his injuries.

The Supreme Court of Canada found that the Jordan House employees had violated two duties they owed Menownamely, the duty imposed on them by the provincial liquor licensing regulations not to serve someone who is intoxicated, and the duty to protect him when they ejected him knowing that he was unlikely to reach home safely. The Supreme Court determined that the Jordan House Hotel could have given Menow a room, called the police, or arranged for safe trans- portation home.

Case Study Analysis Template

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