BASJ300 LEGAL MEMORANDUM ASSIGNMENT

BASJ300 LEGAL MEMORANDUM ASSIGNMENT

LEGAL MEMORANDUM ASSIGNMENT BASJ300 – Legal Research and Writing Fall 2020

Assignment Information
1. This assignment is due on Wednesday, November 25, 2020 by 11:59 pm.

2. This assignment is to be done individually and it must be submitted electronically in PDF format through the “Assignment Submission” area on Blackboard by the deadline above.

3. Include a title page for the assignment containing your name, the title of the assignment, the course code, and the date.

4. This assignment is worth 30% of your total grade in this course. It is worth 90 marks. The rubric used to evaluate the assignment is at the end of these assignment instructions.

5. 25% of your final grade on the assignment will be deducted for every day the assignment is late (including Saturday and Sunday).

6. The assignment must not exceed 4 single-spaced pages in length. Your margins must be 2.54 cm on all sides.

7. You must use the proper memorandum format discussed in class (see Appendix 14.1 of your Blatt and Kurtz textbook and pages 288-291).

8. You must use proper McGill Guide citation for all sources cited. Please use in-text citations for your memorandum as described in the McGill Guide on page E-5. BASJ300 LEGAL MEMORANDUM ASSIGNMENT

9. Include a bibliography at the end of your memorandum. The title page and bibliography do not count as part of the 4 page limit.

10. State any assumptions you make in your memorandum.

Assignment Instructions

You receive the following information from your supervisor asking you to conduct research relating to the legal responsibility of a bar toward intoxicated patrons. Please read the following information carefully.

To: Student Researcher
From: Head of Research Department
Re: Rose Resort – liability for an intoxicated patron’s injuries

BASJ300 LEGAL MEMORANDUM ASSIGNMENT

Facts

A group of friends (John Markson, Ken Adams, Kate Miller, and Amy Greene) rented a cottage at the Rose Resort in Muskoka, Ontario for a weekend getaway in August 2020. The friends met each other in college and they have known each other for approximately ten years. After a day of hiking and fishing, the group went to the Rose Tavern on the night of August 22. The Rose Tavern is the on-site bar at the Rose Resort and it has a valid licence to serve alcohol in the Province of Ontario. The Rose Resort has been in business for 50 years.

John consumed many alcoholic beverages after arriving at the tavern (he estimates he drank approximately 8 beers). Ken, Kate, and Amy also consumed alcohol, but none of them drank to excess. David, the bartender at the Rose Tavern who served the group, noticed that John was exhibiting visible signs of intoxication. David observed that John was slurring his words and he seemed disoriented when he got up to use the restroom. At that point, David did not serve John any additional beverages. David asked Ken, Kate, and Amy if they were staying at the resort. Ken told David that they were all staying at one of the resort’s cottages. David then asked if John was able to safely get back to the cottage. Ken assured David that he, Kate, and Amy would look after John.

After returning to the cottage, John went out to the back deck. He lost his footing and fell down a flight of stairs leading to the ground below. He hit his head and suffered a serious concussion, which has caused significant physical and psychological effects. John is now suing the Rose Resort, alleging that the bar was negligent in serving him alcohol and therefore legally responsible for his injuries and the consequent medical costs.

Please prepare a legal memorandum analyzing the issues below and expressing your conclusions. Ensure you locate current legislation and relevant, authoritative case law. BASJ300 LEGAL MEMORANDUM ASSIGNMENT

Legal Issues

Please analyze these two legal issues only:

1. Does a hotel bar owe a duty of care to an intoxicated person (either under a statute or at common law)?
2. Did the Rose Resort breach the duty of care in this case?

(*starter hint: begin by looking at the Hospitality volume of Halsbury’s Laws of Canada for background)

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