Legal Memo

Memorandum

To : Ryan Dubois

From : Wendy Wadden

Date : DATE \ MERGEFORMAT 12 /18 /2006

Re : Alcohol

We have been retained by Cape Breton University Pub Grill to provide advice on the following hypothetical situation . John Smith is 20 years old and is a student at CBU . He is a frequent attendee at the student pub . The manager has been advised that the staff working at the pub have noticed that on a number of occasions that John drinks to excess when he is at the pub . The pub employees saw

John with car keys in his hand when he attended the pub and they have heard him speak about driving home to Sydney at the end of the night . They are fearful that there may be an accident some time as a result of this behavior

It is most definitely a potential liability for the pub manager and employees . Since they are providing John Smith with the alcohol , it is also their job to ensure that he gets home safely , so as to minimize their possible liability in an accident that could happen as a result of letting him drive home on his own . Any number of possible outcomes could result from this hazardous situation and it is important that the employees monitor not just John Smith , but also other customers at the pub . There is the potential for danger not only in the life of John Smith , but also in the lives of those he threatens by driving severely intoxicated

There are several methods of minimizing the potential liability of the pub . All of the methods include interference from the employees of the pub . It is important , when serving alcohol to observe the behaviors of all customers . When certain behaviors are observed , it is crucial that actions be taken to prevent dangerous situations from arising . In John Smith 's case , it would be best to alert him to his dangerous behavior maybe cut him off at a point that is considered to be beyond the capacity to function properly . Another option , since John Smith is a frequent attendee , is to suggest to him that he not drive home , instead take a cab or call a friend to come take him home . Employees could discuss with him that they are concerned for him and they worry about the decisions that he makes when he is intoxicated . This discussion would greatly decrease the amount of liability that the pub would have because the employees had alerted John Smith to his potential issues . By sending him home in a cab , the employees also reduce liability because they would have recognized the hazard and took initiative and alternative steps to avoid a potential crisis

Thank you for your time , it is important that these concerns are presented and solutions are also proposed . If you have any further concerns or questions , contact me at

TIME \ "MMMM d , yyyy " December 18 , 2006

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