Widdowson v. Rockwell Case Study - Business Law Assignment Help

Assignment Task:

In the course, you were asked to critically analyze and respond to the case studies presented in the modules, and post your responses to the discussion forums. You were also asked to respond to other students’ posts in order to contribute to the larger community of learning. This assignment, a reflective discussion summary, requires you now to revisit your online discussions and related journaling to reflect on and provide evidence of your learning experience.

Instructions:

1. Review all of the online discussion posts that you created and posted throughout the course. Select what you believe to be your six best entries. Do not alter the entries in any way.
2. Assemble these into a single Word document for submission. Ensure that your entries are labelled with the module and activity number.
3. To reflect on your learning experience, consider and respond to the following questions. Evidence your response by referencing your postings, posts by other students, and/or your responses to other students posts:

• How has your thinking on any of your posts changed as you have progressed through the course?
• Did the contributions of other learners influence you and help enrich your learning experience or understanding of commercial law? If so, how?
• In what ways did working through the case studies and the ideas and information presented in the course change your understanding or perspective on commercial law?

Submission status:

First of all, need to complete these forums and then the full assignment.

1)Now that you have read the case and the actual decision by the BC Provincial Court for Piechnik v. McFarlen, reflect on your response to the decision by posting on the discussion forum.

Consider the following:

• Do you agree with the decision of the court? Why or why not?
• Did your answers to the case study question change after you read the court decision?
• Include any additional thoughts you have regarding the case and the decision. Piechnik v. McFarlen,

 
2) Now that you have read the case and an actual decision by the BC Supreme Court for City of Burnaby v. Thandi et al., reflect on your response to the decision by posting on the discussion forum.

Consider the following:

• Do you agree with the decision of the court? Why or why not?
• Did your answers to the case study questions change after you read the court decision?
• Include any additional thoughts you have regarding the case and the decision.

 
3) Now that you have read the case and an actual decision by the BC Supreme Court for Widdowson v. Rockwell, reflect on your response to the decision by posting on the discussion forum.

Consider the following:

• Do you agree with the decision of the court? Why or why not?
• Did your answers to the case study questions change after you read the court decision?
• Include any additional thoughts you have regarding the case and the decision.

4) Now that you have read the case and an actual decision by the BC Supreme Court for Alleluia v. Wilson, reflect on your response to the decision by posting on the discussion forum.

Consider the following:

• Do you agree with the decision of the court? Why or why not?
• Did your answers to the case study questions change after you read the court decision
• Include additional thoughts you have regarding the case and the decision.

5) Now that you have read the case and an actual decision by the BC Supreme Court for Credit Union v. United Assn. of Journeymen and Apprentices, reflect on your responses to the decision by posting to the discussion forum.

Consider the following:

• Do you agree with the decision of the court? Why or why not?
• Did your answers to the case study question change after you read the court decision?
• Include any additional thoughts you have regarding the case and the decision.

6) Now that you have read the case and an actual decision by the BC Supreme Court for 1028840 BC Ltd. v. The Heritage Dispensary Clinic, reflect on your response to the decision by posting on the discussion forum.

Consider the following:

• Do you agree with the decision of the court? Why or why not?
• Did your answers to the case study questions change after you read the court decision?
• Include additional thoughts you have regarding the case and the decision.

There is one example that how long these answers can be:

Widdowson v. Rockwell

I disagree with the decision presented by the court in this case. I do agree with the findings that Cambie Malone’s pub over-served members of Mr Rockwell’s party. However, I take issue with the decision of the court to extend the pubs liability past the point of Rockwell arriving safely at a residence. As evidenced by the success of the hour-long drive in traffic, it is my opinion that Mr Rockwell was telling the truth about how much alcohol he consumed while at the pub. On this basis, I believe that the pub abided by their duty of care to prevent their patrons from being injured, as it would have appeared Mr Rockwell’s party had a safe method of transportation.

 With regards to the case study questions, my answers went unchanged after reading the court case. In order for Mr Widdowson to be successful in bringing a negligence claim against the bar, he would have to prove: 1) that the pub owed a duty of care, 2) that the pub breached said duty of care, 3) that the pub omission caused his injury, and 4) that the injury he suffered was not too remote. I believe that Mr Widdowson was owed a duty of care by the pub. However, it is my opinion that this duty of care was not breached.  Mr Rockwell cannot be proven to have left the pub intoxicated; therefore the pub would have assumed him capable of ensuring the safe travel of his party upon leaving the establishment. I believe that Mr Rockwell only began drinking heavily after arriving at the residence. This should absolve the pub of their liability. The establishment has no means of controlling the actions of their patrons, once they have returned safely to a residence.

I do not believe that the evidence against the pub was concrete enough to extend their liability. In cases such as these, I believe there should be a strict rule that alleviates commercial establishments of liability once the patron has safely returned to a residence. This would remove the possibility that innocent bars could be held liable regardless of the number of drinks served to patrons.

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