Memorial University - Grenfell Campus operated a tavern on its premises for the benefit of its students. One student, Andrew Reid, who attended the tavern with some friends for the purpose of celebrating the end of the fall semester, became quite drunk. The tavern bartenders realized that the student was drunk around 11:00 p.m. and refused to serve him any additional alcoholic beverages. They also asked him to leave the premises. The student, however, remained and drank two additional beers that were purchased for him by his friends.

Some time later, around 12 a.m., one of the bartenders noticed Andrew drinking and instructed the tavern bouncer, Dwayne Johnson, to ask the student to leave. The bouncer Dwayne did so, but the student refused, and the bouncer took the student by the arm and escorted him to the door. Along the hallway to the door Andrew was abusive and resisted leaving, but the bouncer managed to eject him from the building.

A few minutes later, the student returned to the tavern and slipped by the doorman Jeff for the alleged purpose of obtaining an explanation as to why he had been ejected. About eight feet from the door, Andrew was apprehended by the bouncer and once again expelled from the tavern, but not without some resistance in the form of pushing and shoving and abusive language on the part of the student. In the course of ejection, Andrew fell against the door and smashed a glass pane in the door, which caused severe cuts to his hand. The injury to the student's hand required medical treatment and took several months to heal.

Andrew brought an action against Memorial University - Grenfell Campus and the bouncer Dwayne, claiming damages and claiming as well that the injury he received caused him to fail his mathematics course in the semester that followed the accident.

Discuss the issues raised in this case and the various arguments that each party might raise.

Render a decision.

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Issues

Decision

Reason