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Stewart v Pettie [1995, Canada]

Facts

  • A theatre guest who was intoxicated was driving himself and his friends home when a car accident resulting in serious injuries for many of them

Issue

  • Could the theatre be liable for such an event, and to third parties as a result of allowing Stewart to drive after intoxication from alcohol solely purchased from the defendants

Decision

  • No liability

Reasoning

  • A duty CAN be owed by commercial vendors to their patrons for the foreseeable risks associated with their intoxication. Particularly, the vendor should monitor consumption at sale
  • However, as Stewart was accompanied by 2 sober individuals, who could have driven, the theatre could not reasonably foresee such a scenario
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