A Recent Case Involved a Fight That Broke Out at the Commodore,a

question 22

Multiple Choice

A recent case involved a fight that broke out at the Commodore,a dance hall.During a break in the music,the master of ceremonies was attacked.When the Commodore's security team failed to appear,the plaintiff,Mr.Jeffrey,a patron,joined other patrons who intervened.Jeffrey was hit from behind with a chair and punched in the jaw.He sued Commodore Cabaret Ltd.,the company that managed the premises and entertainment,on these facts.Which of the following is false?

• A)The company has a duty under the Occupiers' Liability Act to take reasonable steps to ensure that patrons are reasonably safe.
• B)If the defendant argued and the court found that Jeffrey was contributorily negligent,Jeffrey would receive some damages for compensation.
• C)Jeffrey could have successfully sued the person who punched him in the jaw for the tort of negligence.
• D)Jeffrey's cause of action against the company could be framed in negligence because he could argue that the company owed him a duty of care,fell below the standard of care,and caused him foreseeable damage.
• E)If the defendant argued and the court found that Jeffrey had volunteered to take both the physical and the legal risk,Jeffrey would lose and receive no damages.

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Definitions:

Cerebral Hemisphere

One of the two halves of the brain, either left or right, that control various functions such as speech, movement, and thought.

Falx Cerebri

Dural fold between the two cerebral hemispheres.

Tentorium Cerebelli

A structure of the meninges, consisting of a fold of dura mater separating the cerebrum from the cerebellum.

Dural Venous Sinus

Channels found between the layers of the dura mater in the brain, which collect and drain venous blood from the brain back to the heart.