Law Essay on Crocker vs Sundance case study for Grade 11 Law
CROCKER V. SUNDANCE NORTHWEST RESORTS LTD. 1200 ESSAY I believe the reasoning behind the unanimous decision rendered by the Supreme Court of Canada was completely appropriate. To make the appellant withstand a second trial on the issue of damages is absolutely necessary. They received new evidence of life expectancy, which was not known during the trial. The fact that the appellant now has is life cut short because of the defendant’s negligence is a very valid reason for a separate trial on the issue of assessing the damages thoroughly. The reason why the defendant was found 75% liable was their neglect for their duty of care. They had several opportunities to prevent this accident that was clearly foreseeable. Sundance did have a duty of care. They put on a dangerous event to draw people to its resort and enhance its profits. It allowed, and definitely aided, Crocker, a visibly intoxicated person to participate in the event. In so doing it breached the duty of care it owed him. Sundance had an ethical obligation to stop all drunken individuals from entering the event. They ignored that obligation and responsibility. This was the establishment of the factual basis for the finding of liability on the defendant dur
From by personal values, beliefs and reasonableness I can see several economic, philosophical, and personal consequences for the Supreme Court’s decision. I believe when Crocker decided to drink he should have did so responsibly. He failed to do a simple thing like that. Now because of his neglect for his own safety others have to pay for his egregious behavior. It makes no sense to me to hold others responsible for their own drinking problems. It is completely ridiculous. Now because of the supreme courts decision to actually award Crocker damages will me several alcoholic rich in the future when they sue for their own drunken stupidity. On the other hand I have another point of view. Crocker suffered substantial injuries. I believe even though he was drinking, he is entitled to some compensation. Sundance knew he was drunk. They didn’t do anything really. For the economy this Supreme Court decision to hold Sundance 75% liable for their neglect of duty of care I think will have a positive as well as productive effect on the economy. The reason being for the positive effect on the economy is because the next time an organization hold a dangerous event they will make sure they exclude drunken individual from participating. This will possibly prevent potential injuries or even deaths. That should be societies main goal and concern. I wouldn’t want someone to let me operate heavy machinery well I’m drunk. I also would be extremely mad if they knew I was drunk and still let drive to my death. I would want them desperately do what ever they could in their power to stop me from making a critical and life threatening mistake. So I can completely understand the Supreme courts decision. I feel this decision will act as a deterrent to negligent, inappropriate and irresponsible behavior in the future. The only problem I could possibly see with the decision is that drunks everywhere may get the impression that if they get extremely intoxicated and hurt them selves someone else will pay for their irresponsible decorum. It’s like saying; hey if I get drunk and hurt myself maybe I’ll get rich. That is the impression being personified in the Supreme Courts judgement. That is definitely not the type of message you want to send to society. If the economy get the message, if you want to get rich just get drunk and try to compete in a race and break a leg. Well the many people see this as a get rich opportunity. That I guess would be the worst case scenario for the
Some topics in this essay:
Court Canada,
Resorts LTD,
Basically Sundances,
Supreme Court,
Supreme Court’s,
Supreme Courts,
Sundance Organization,
RESORTS LTD,
duty care,
supreme courts,
answer question,
northwest resorts ltd,
sundance northwest,
northwest resorts,
extremely intoxicated,
75% liable,
sundance northwest resorts,
dangerous event,
waiver form,
supreme courts decision,
signed waiver,
Sundance Northwest,
Northwest Resorts,
neglect duty care,
mind clouded alcohol,
Join now to see the rest of the essay!
Approximate Word count = 1668
Approximate Pages = 7 (250 words per page double spaced)
|