Problem
Cathy's business,"Tech Time," employs 20 hardworking employees. That hard work contributed to the company having a very profitable year. To celebrate, Cathy hosted a dinner on Tech Time's premises. Cathy asked an employee, Sam, to be the bartender and monitor how much everyone was drinking and ensure that if someone had consumed too much that a cab be called when the person was ready to go home. Each employee was given 3 alcohol drink tickets. George doesn't drink and therefore he gives John his 3 tickets meaning that he now has 6 tickets and he uses them all drinking six large vodka on the rocks. After 2 hours John is drunk and tired. John decides to drive home and he agrees to drive George home. Sam by then had joined in the party drinking and having a good time and made no effort to insist that John and George take a cab home. On the way home John went off the road and hit a telephone pole seriously injuring George. George sued John and Cathy.
A. What are the legal issues that arise in this case?
B. What are the legal tests that the court will apply to decide the case?
C. Discuss how the legal tests should be applied to the facts of the case, and state the likely outcome of the dispute between the parties. Give reasons for your answer, referring to the relevant legal tests.