frankies
May 29th, 2005, 06:03 PM
Ok here's the case:
A university operated a tavern on its premises for the benefit of its student. One student, who attended the tavern with some friends for the purpose of celebrating at the end of fall semester, became quite drunk. The tavern bartenders realized that the student was drunk 11:00pm and refused to serve him any additional alcoholic beverages. They also asked him to leave to leave the premises. The student, however, remained and drank two additional beers that were purchased for him by his friend.
Some time later, around 12am one of the bartenders noticed the student drinking and instructed the tavern bouncer to ask the student to leave. The bouncer did so, but the student refused, and the bouncer took the student by the arm and escorted him to the door. Along the hallway to the door the student was abusive and resisted leaving, but the bouncer managed to eject him from the building.
A few minute later, the student returned to the taverns and slipped by the doorman for the alleged purpose of obtaining an explanation as to why he had been ejected. About eight feet from door, he was apprehended by the bouncer and once again expelled from the tavern, but not without some resistance in the form of pushing and shoving and abusive language on the part of the student. In the course of ejection, the student fell against the door and smashed glass pane in the door which cause severe injury to his hand. The injury to the student’s hand required medical treatment and took several months to heal.
The student brought an action against the university and the bouncer claiming damages and claiming as well that the injury he received caused him to fail his math course in the semester that followed the accident.
PLEASE HELP ME I'M LOST
This is what excactly the teacher e-mailed me what to do:
You don't have to write anything down if you don't want. I will ask you
"What happened". In your own words give us the facts. Don't read the
text word for word because it will take too long and will bore the
class. Be brief. I'll then say "So, what do you think?" You will then
provide me with the relevant tort, describe that tort's elements. Tell
me if there are any defences to the tort claim. Provide me with the
elements of all the defences and then provide me with an opinion (based
on the legal points you have made) if you think the claim will succeed
or not.
A university operated a tavern on its premises for the benefit of its student. One student, who attended the tavern with some friends for the purpose of celebrating at the end of fall semester, became quite drunk. The tavern bartenders realized that the student was drunk 11:00pm and refused to serve him any additional alcoholic beverages. They also asked him to leave to leave the premises. The student, however, remained and drank two additional beers that were purchased for him by his friend.
Some time later, around 12am one of the bartenders noticed the student drinking and instructed the tavern bouncer to ask the student to leave. The bouncer did so, but the student refused, and the bouncer took the student by the arm and escorted him to the door. Along the hallway to the door the student was abusive and resisted leaving, but the bouncer managed to eject him from the building.
A few minute later, the student returned to the taverns and slipped by the doorman for the alleged purpose of obtaining an explanation as to why he had been ejected. About eight feet from door, he was apprehended by the bouncer and once again expelled from the tavern, but not without some resistance in the form of pushing and shoving and abusive language on the part of the student. In the course of ejection, the student fell against the door and smashed glass pane in the door which cause severe injury to his hand. The injury to the student’s hand required medical treatment and took several months to heal.
The student brought an action against the university and the bouncer claiming damages and claiming as well that the injury he received caused him to fail his math course in the semester that followed the accident.
PLEASE HELP ME I'M LOST
This is what excactly the teacher e-mailed me what to do:
You don't have to write anything down if you don't want. I will ask you
"What happened". In your own words give us the facts. Don't read the
text word for word because it will take too long and will bore the
class. Be brief. I'll then say "So, what do you think?" You will then
provide me with the relevant tort, describe that tort's elements. Tell
me if there are any defences to the tort claim. Provide me with the
elements of all the defences and then provide me with an opinion (based
on the legal points you have made) if you think the claim will succeed
or not.