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Unit 3: Tort and Dispute Resolution

CHAPTER 12: NEGLIGENCE AND OTHER TORTS

E-ACTIVITY: CIVIL LIABILITY IN ALCOHOL-RELATED CASES (p. 352)

Activity: Prepare a Case Analysis

The law has changed dramatically in alcohol-related cases. Since the 1970s, such cases have commonly ended up in criminal court. However, such cases are increasingly appearing in civil courts as well. Why shouldn’t a victim of drunk driving be able to seek compensation from the perpetrator?

Explore this question by analyzing one case involving impaired driving.

  1. Visit the Web site of the Canadian Legal Information Institute to consider the following four cases and choose one to analyze:

  2. For the case you chose, prepare a case analysis using the following case-analysis organizer. Click here if you would like to download the organizer.


CASE-ANALAYSIS ORGANIZER
Name of case—complete name indicating all parties; using appropriate format for civil case
 
Name of court—name and particular level of court where the case is heard

 

Citation—legal on-line case reference with a neutral citation; complete and accurate

 

Summary of key facts—key, relevant legal points and facts; concise; in 1-2 paragraphs

 

Applicable laws—e.g., negligence under common law

 

Issue—clear, concise identification of issue(s) to be decided by the court; written in question format (e.g., Was the victim owed a duty of care? Was the standard of care broken?)

 

Case decision or judgment—e.g., the appeal was allowed, a new trial was ordered

 

Reason for decision or judgment—clear summary of rationale for decision, with reference to factors and legislation considered

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

  1. As an extension activity, visit the MADD Canada Web site and summarize some of the conditions under which an individual could be held liable in a civil action for an alcohol-related case.
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