Julie had a party on Saturday night. Guests were told to BYOB $($Bring your own booze$).$ One of her guests, Desmond, was in a car accident while driving home. The police determined that Desmond caused the accident, and that he was very impaired $($about $12$ beers in two and a half hours$).$ Zoe, a passenger in the vehicle Desmond struck, was paralyzed from the waist down due to the collision.

Julie had no idea how much Desmond had to drink at her party, but she did serve all her guests, including Desmond, a small glass of champagne at midnight. Zoe sued Desmond and Julie for her injuries. Questions $1-6$ relate to this scenario. If you would like to see the case on which this fact situation is based, see Childs v Desormeaux in further Information Module $03$ resources on your course website.

$1.$ Discuss Desmonds negligence and decide whether you think each element has occurred. $($negligence includes duty, breach of duty, causation and loss$)$

$2.$ Discuss Zoes losses, including type of loss.

$3.$ Should a homeowner like Julie owe a duty of care to Zoe?

$4.$ If Julie were the owner of a business and the guests were all of her staff, invited to her home for the annual Stampede party, should Julie owe a duty of care to Zoe? $($google commercial host liability if you want more information about this legal concept$)$

$5.$ Do either of the defences to negligence apply here and why do you say so$?$ Discuss both defences to negligence.

$6.$ This scenario is based on a real case. Zoe sued Julie $($who has insurance and money$).$ Desmond went to jail for ten years. Why did Zoe sue Julie, rather than just suing Desmond?

$7.$ Joey, $2$ years old, climbs the daycare fence and runs out in the street. Steven swerves his car to miss Joey, and hits three parked cars. Steven sues Joey and his parents. Explain why neither Joey nor his parents are liable. Who should have been sued?

$8.$ Deanna and Danielle went ziplining. Before ziplining, they signed a release, stating the zipline company was not liable for any injuries they might suffer. They signed the release without reading it$.$ They were injured due to the carelessness of the adventure company. They sued. From a business point of view, what are the reasons why this release should AND should not apply to this situation? If you would like to see the case on which this fact situation is based, see Loychuk v$.$ Cougar Mountain Adventures in further Information Module $03$ resources on your course website.

$9.$ A construction company gave its employee the keys to the company truck and said These keys are for you to get the tools and supplies from inside the truck. If you drive the truck, we will consider it stolen and will call the police. The employee drove the truck to get a burger for lunch, and caused a collision and injuries. From a business point of view, what are the reasons why the construction company should AND should not be vicariously liable for this situation? If you would like to see the case on which this fact situation is based, see Mustafi v All$-$Pitch Roofing Ltd in further Information Module $03$ resources on your course website.

$10.$ William decided to participate in an inner tube tire mogul competition at a ski resort. Though he was visibly intoxicated, he was asked to sign a waiver, stating that the ski hill was not responsible for any injuries he might suffer. William promptly signed the waiver, and it was obvious to everyone that he had not read it$.$ Surprisingly, William suffered a serious injury and was rendered a quadriplegic. He sued the ski resort. Discuss breach of standard of care $($ski hill$)$ and contributory negligence $($William$)$ only. If you would like to see the case on which this fact situation is based, see Crocker v Sundance Northwest Resorts Ltd$.$ in further Information Module $03$ resources on your course website.

$11.$ Your spouse is successfully sued for $$1$ million dollars, for negligence. You only have $$500,000$ of insurance. Also, all of your assets are in joint names, including your joint bank account with $$500,000$ in cash, all of which you earned.

a$.$ Are you vicariously liable?

b$.$ Can the judgment creditor collect from you and if so$,$ how? $($this is in module two, at the end$)$

$12.$ What might a pedestrian who was injured in a car collision have failed to do that either helped cause their injuries or made their injuries worse? $($contributory negligence$)$

$13.$ What might a pedestrian who was injured in a collision have done or failed to do that entirely caused their injuries? $($voluntary assumption of the risk$)$

$14.$ In a lawsuit, the judge decides that the plaintiff has suffered a loss of $$120,000,$ but was $$30\%$ contributorily negligent. What is the amount of damages the plaintiff will be awarded?