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BUS503 Principles Of Commercial Law

tag 0 Download 9 Pages / 2,230 Words tag 27-07-2021


Brett is a first year student at USC and is studying Leisure and Event Management. Annie and Brett are in the same Business law and Ethics class (Brett thought the course might be too hard and left it ‘til his last year). Annie is quite keen on Brett. She thinks his clothes are a bit dated and he seems a bit sleepy but generally she likes him.

Annie knows that Brett works at the Tavern. She decided to have her 18th birthday party there and hoped that Brett would be on duty … and he was. Brett thinks Annie is nice but he’s rather more interested in her friend Candice, who is a bit older, she’s 19.

On the night of the party, Brett was the manager on duty. It was a long and busy night and Brett had to help behind the bar because one of the bar staff had called in sick. At around 11:00 pm, David, who is employed at the Tavern as a ‘glassie’ (someone who picks up glasses from the tables) approached Brett, who was tending the bar, and told him that someone had been sick near the main door.

“Have you cleaned it up, then?” yelled Brett over the noise of the party.

“Yeah, yeah,” said David “But it’s an awful mess.”

Brett thought he’d better go check but just then Candice came up to the bar to order. Brett nudged past the other bar attendant to serve her and completely forgot about the ‘awful mess’.

Annie could see Brett smiling at Candice and drank more tequila. By the end of the night Annie was very intoxicated. About 1:00am, she was ready to head home. She stumbled toward the main door and in a final attempt to gain Brett’s attention turned to wave him goodbye.  She slipped on the ‘awful mess’ and fell on her back with a thud. Annie was wearing the latest fashion in stilettos – shoes with two inch platforms and 5 inch, very narrow heals. As she fell the right heel of her shoe broke away from the sole causing a particularly twisted, heavy fall. It turns out that someone had spilt cream from the birthday cake onto the vomit on the floor creating a doubly slippery surface, according to forensic investigations.

Annie sustained a fracture to her lower back and will need surgery. She will have to lie in bed for some months in order to recover. She’ll have to give up her part-time job at Safeway for at least six months. Fortunately no one else was injured. It was reported that the mess was seen and avoided by others at the party.


Annie’s interest in Brett has turned sour. She wishes to sue Brett in Negligence. Advise her. 

You are asked to ignore any questions of vicarious or occupiers’ liability. Confine your discussion to a consideration of Brett’s personal liability in Negligence. 

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