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There is a tort law case about negligence?


Jack had been drinking throughout the morning at a local RSL Club before arriving at his usual watering hole, the Boozy Hound Hotel. Shortly after arriving at the hotel at about 1.30 pm, Jack borrowed 50 bucks from the regular barperson,Jill, to purchase alchohol.
Jill knew Jack,as he usually went to the Hotel three Saturdays out of four. Despite that, Jill had never seen Jack pass out or fall over at the Hotel.
At 3 pm, Jack was refused service at the hotel and then left to drink at the another club.
At 6 pm, Jack returned to the hotel and consumed eight fullstrength beers purchased for his by a friend,Bob.There was no evidence that the Hotel know the beers were purchased for Jack.
At 7.30pm,he left hotel and dirove his van. At 8.20,his van collided with a tree and he sustained serious injury.Jack had a blood alcohol reading of 0.25

Q:Can Jack bring an action in neligence against Hotel?If he can prove,wat defences are available to the Hotel?

What proof does Jack have that the hotel was negligent? The only way a hotel is negligent is if they "forced" jack to consume alcohol then "forced" him to drive. Even if Jack commenced a law suit, the hotel would argue that Jack contributed to his own injuries (Contributory negligence - look it up!). Jack has also committed a crime (driving under the influence of alcohol) which also contributed to his injuries. 0.25 is a very very high range PCA (high range starts at 0.15% BAC).

The other question is has the hotel failed in their duty of care towards Jack (ie the laws on refused service of alcohol??) Given Jack consumed beers bought by Bob. The hotel has done the right thing at 3pm by refusing service. When Jack returned at 6pm, they didn't serve Jack - they served Bob and Bob wasn't intoxicated. Jack has caused aqll his own injuries and doesn't have a leg to stand on.

By the way, I hope this isn't an actual case - because then I could go into a whole paper about how people are never responsible for their actions and always are looking to sue someone...get real! I hope this an school assignment.

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