Roper and Jensen had consumed beer and smoked marijuana before going with Gosling for the evening to a bar, where they all consumed a considerable amount of alcohol.  They were drunk when they left and got into Roper's car so that he could drive them home.  A single-car accident caused by his impairment occurred in which Roper rolled the car and Gosling was seriously injured.  She sued Roper for negligence.

Indicate what arguments can be raised in his defence and what factors the courts will take into consideration in determining liability.  Would it make any difference to your answer if the Court determined as a finding of fact that although a reasonable person would have been aware that Roper's ability to drive was impaired, Gosling wasn't in fact aware of this when she got into the vehicle with him?  What if she didn't have any other way home?  If she did know, should her conduct be a complete bar to recovery?