Richard and Martha are co-workers at the Marigold Garden Centre in Bracebridge, Ontario. They have dated for several months and decided to try out Noah's Arc restaurant, which recently opened up across from the waterfall on the Muskoka River outside of town.They drove separately in their own cars to the restaurant right after work.

They greatly enjoyed their meal and were particularly pleased with the two bottles of wine they ordered. At one point their waitress, Rachel, asked Richard if he could tone it down because he was speaking too loudly and disturbing those sitting at a nearby table. As they were getting ready to leave, Martha asked Richard if he wanted her to drive him home, but he said no.

Soon after leaving the restaurant, Richard lost control of his car went on to the sidewalk and struck and injured a pedestrian. It was later determined that Richard had too much to drink to drive safely.

Briefly explain the argumentsfor and againstthe pedestrian's claim for damagesagainstNoah's Arc restaurant forhisinjury.

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