QUESTION 56

A bartender employed in a licensed establishment over-serves a patron. As a result of the over-service, the patron physically assaults another patron by striking him with a beer bottle. Identify and describe the three forms of liability that may arise as a result of this single incident. (2 marks)

QUESTION 57

Troy wants desperately to help his sister win her custody case against her ex-husband Lawrence and is prepared to "do anything" including lie. As a result, Troy tells the police that he saw Lawrence strike one of the children with closed fist causing bruising to the child's face. Lawrence is arrested and charged with assault. The criminal defense lawyer retained by Lawrence proves that Troy was lying at the time he made the report to the police. What if anything can Lawrence do to recover civil damages against Troy after the criminal charges are dismissed? (2 marks)

QUESTION 58

Briefly differentiate between the two key legal relationships, that being contract and tort, having regard to legal obligations. (2 marks)

QUESTION 59

Brayden works for Raze 'N' Fall Inc, a demolition company.Ted is his immediate supervisor.Everyday Brayden gets a ride to and from work from his co-worker Ashley.After finishing his Tuesday afternoon shift, Ted asked Brayden if he could drive to the office and drop some important paperwork off before he went home.Brayden tells Ted that his car is at home and that he got a ride from Ashley. Ted informs Brayden that he can use his truck for the night if he takes it straight home after he drops the papers off at the office. Brayden goes to the office and drops off the paperwork as requested.He then proceeded to drive to a friend's house to give him a ride to the movies.Brayden then decided to visit his mother.He had dinner at her house and a couple of beers.On his way home he crashed Ted's truck into a private bridge causing significant damage to the structure.The owner of the bridge decided to sue not only Brayden but also his Raze 'N' Fall Inc., alleging that the company was vicariously liable for Brayden's negligence.Is the employer liable for the damages caused to the bridge?If so, why, and if not, why not? (2 marks)