The Happy Bar operates in Fergus, Ontario. It routinely attracts large numbers of students from the.

The Happy Bar operates in Fergus, Ontario. It routinely attracts large numbers of students from the local universities. Because of its location, students have to drive at least 20 kilometres. The owners of the bar are acutely aware of their responsibilities both to ensure no underage students drink and that all patrons leave the bar in a vehicle driven by a designated driver. On peak nights the bar brings in additional staff to ensure that its policies are complied with. On one particular Saturday night, a regular staff member calls in sick, but recommends his friend, who is a law and security student at the local community college. He assures the manager that this friend is very familiar with the appropriate practices and guidelines and is fully responsible. The friend is hired for the night and appears to the manager to be capable. Around 11:30 p.m., a group of young people become particularly rowdy, and one moves toward the door, car keys in hand and shouting to her friends to get into the car quickly so they can find a “really good party.” The new staff member is the only employee nearby and able to intervene. He rushes to the young woman, pins her arms behind her with one hand, and puts a choke hold around her neck. He demands she throw down her keys. Unfortunately, the woman suffers from epilepsy. This action precipitates a seizure, and in the course of the seizure, perhaps in part because of the amount of alcohol consumed, the woman chokes. She is unconscious for 10 minutes and suffers serious brain damage. Discuss the tort principles that arise in this case. Who will be sued and for what? What are the merits of the case?

 

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