CASE 8 Kevin and a companion spent most of a Saturday CASE 8 Kevin and a companion

CASE 8 Kevin and a companion spent most of a Saturday

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CASE 8 Kevin and a companion spent most of a Saturday afternoon and evening drinking alcoholic beverages at Kevin's home. Around 10:00 p.m., they decided to visit a local tavern, where they had arranged to meet some friends. The two drove in Kevin's automobile to the tav- ern, which was located on a highway some 5 kilometres away. Kevin was obviously quite drunk when he arrived at the tavern, and for the next two hours he continued to drink beer. At closing time, the bartender informed the group (who were all quite drunk by then) that they must leave the premises. Kevin and his companion did so, and drove from the tavern parking lot, with Kevin behind the wheel and his companion attempting to direct him into the traffic. When the way appeared to be clear for Kevin to enter his traffic lane, his friend said: "Okay! Clear to and signed the entry form without bothering to read i He had been drinking prior to the point in time that he entered the contest, but did not appear to be drunk or unaware of his actions Later that day, the contestants (including Crocker) were shown a videotape of the previous year's race. The tape described the race and provided footage of dents that involved contestants being thrown from the inner tubes, as well as those who managed to remaie their inner tubes to the end of the race On the day starting point the contest, Crocker appeared at the t for the race in an obviously drunken state His speech was slurred, and he had difficulty standing on slope. Nevertheless, he managed to obtain his inn tube from the lodge employees in charge of the ra and prepared for the start of the race. At the qun, he threw himself into the inner tube and managed thereafter to more or less successfully navigate the slope. He placed a cut above one eye when he was thrown from his inner on one occasion. Before the final run, he took a large drink of brandy that had been offered to him by a spectator. The race operator noticed Crocker drinking brandy, and asked him if he was in any condition to compete in the final race. Crocker replied that he was, and the final race began. Partway down the slope, Crocker failed to negoti- ate a sharp turn, and was thrown from his inner tube and into a rock gully. His injuries rendered him a quad- riplegic, and he brought an action against the resort for damages. Discuss the liability of the lodge, and speculate, with reasons, as to how the case might be resolved. the Inner starting I among the five finalists, suffering only tube go!" Kevin accelerated into the traffic, but was unable to control the automobile, and it careened across the cen- tre line of the highway and into the path of an oncoming vehicle, The collision destroyed the two automobiles, killed the driver of the other vehicle, and permanently crippled both Kevin's friend and the passenger in the other automobile. The estimated loss suffered by those injured in the accident was $1,900,000. Apart from some cuts, bruises, and a broken arm, Kevin suffered no serious effects from the accident. Blood tests taken shortly after the accident indicated that Kevin's blood-alcohol level was almost three times the legal limit. Advise the parties of their rights in this case and indicate how the liability, if any, would be determined. CASE 8 Kevin and a companion spent most of a Saturday afternoon and evening drinking alcoholic beverages at Kevin's home. Around 10:00 p.m., they decided to visit a local tavern, where they had arranged to meet some friends. The two drove in Kevin's automobile to the tav- ern, which was located on a highway some 5 kilometres away. Kevin was obviously quite drunk when he arrived at the tavern, and for the next two hours he continued to drink beer. At closing time, the bartender informed the group (who were all quite drunk by then) that they must leave the premises. Kevin and his companion did so, and drove from the tavern parking lot, with Kevin behind the wheel and his companion attempting to direct him into the traffic. When the way appeared to be clear for Kevin to enter his traffic lane, his friend said: "Okay! Clear to and signed the entry form without bothering to read i He had been drinking prior to the point in time that he entered the contest, but did not appear to be drunk or unaware of his actions Later that day, the contestants (including Crocker) were shown a videotape of the previous year's race. The tape described the race and provided footage of dents that involved contestants being thrown from the inner tubes, as well as those who managed to remaie their inner tubes to the end of the race On the day starting point the contest, Crocker appeared at the t for the race in an obviously drunken state His speech was slurred, and he had difficulty standing on slope. Nevertheless, he managed to obtain his inn tube from the lodge employees in charge of the ra and prepared for the start of the race. At the qun, he threw himself into the inner tube and managed thereafter to more or less successfully navigate the slope. He placed a cut above one eye when he was thrown from his inner on one occasion. Before the final run, he took a large drink of brandy that had been offered to him by a spectator. The race operator noticed Crocker drinking brandy, and asked him if he was in any condition to compete in the final race. Crocker replied that he was, and the final race began. Partway down the slope, Crocker failed to negoti- ate a sharp turn, and was thrown from his inner tube and into a rock gully. His injuries rendered him a quad- riplegic, and he brought an action against the resort for damages. Discuss the liability of the lodge, and speculate, with reasons, as to how the case might be resolved. the Inner starting I among the five finalists, suffering only tube go!" Kevin accelerated into the traffic, but was unable to control the automobile, and it careened across the cen- tre line of the highway and into the path of an oncoming vehicle, The collision destroyed the two automobiles, killed the driver of the other vehicle, and permanently crippled both Kevin's friend and the passenger in the other automobile. The estimated loss suffered by those injured in the accident was $1,900,000. Apart from some cuts, bruises, and a broken arm, Kevin suffered no serious effects from the accident. Blood tests taken shortly after the accident indicated that Kevin's blood-alcohol level was almost three times the legal limit. Advise the parties of their rights in this case and indicate how the liability, if any, would be determined.

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From the above mentioned case the advise i will render as the case in discussion evolves around the concept of law of tortThe concept of tort is broug... View the full answer