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

1 - Case Study Example is accident, Bertha as an employee of The Happy hour sports bar is liable and needs to compensate the young man for injury caused (Duplessis, Enman & O’Bryne, 2010). However, Bertha as the defendant in this litigation can defend her actions on the basis 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 evidenced 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 first time; was reason enough to believe that his reasoning was compromised. The young man even attempted to assault Bertha but she handled him and gave him a â€Å"heavy† push that led to his head injury. The heavy push needs to be described and will 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 mere accident. The decision of the court would be based on the motive of the â€Å"heavy push† which with enough evidence would lead to the bar owner compensating the young man for injuries. However, if the â€Å"heavy† push is disapproved by the court, Bertha will have no case to answer since the young man’s 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 & O’Bryne,