Case 1 Study Example | Topics and Well Written Essays - 250 words - 2

1 - Case theatre Exampleis accident, Bertha as an employee of The Happy hour sports bar is liable and needs to compensate the young person military man for injury caused (Duplessis, Enman & OBryne, 2010).However, Bertha as the defendant in this litigation can defend her actions on the rear end of duty of care and the young being incapacitated to making an informed decision at the time. As an employee at the bar, Bertha owed duty of care to her employees and this is turn outd in her refusal to sell the young man a beer since he was already drunk. The man having come back again after being thrown out the scratch line time was reason enough to believe that his reasoning was compromised. The young man even attempted to besiege Bertha but she handled him and gave him a heavy push that led to his head injury. The heavy push needs to be described and depart serve as a basis in which a decision will be made. It has to be ascertained if Bertha pushed the young man with an intention of hurting him or it was a unadulterated accident. The decision of the court would be based on the motive of the heavy push which with enough evidence would lead to the bar owner compensating the young man for injuries. However, if the heavy push is disapproved by the court, Bertha will receive no case to answer since the young mans mental capacity was compromised and as an employee, Bertha owed the young man duty of care hence did not sell him a beer. His injury was merely an unforeseen circumstance (Duplessis, Enman & OBryne,