One scenario that is not uncommon, is when an individual or individuals hosted a party for friends, families, and co-workers. The guests drank alcohol. After the party, one guest drove a vehicle while they were intoxicated and caused an accident that either injured or killed another individual. As a result, a legal issue arises as to whether the host of the party was liable to the individual that was injured. The question is, can the host of a party be held legally responsible, if one of the guests drove away and injured or killed another individual. This paper critically examines the Supreme Court of Canada’s opinion in Childs v. Desormeaux to answer the question of whether the host of a party is legally responsible for a intoxicated guest that kills a third party individual and injures others. The paper proceeds in the following manner. First, the background information and significant rulings on the case are presented.…show more content… The action against Desormeaux went through. The claim against the Hosts was dismissed by all three courts. The reasons for the dismissing the claim against the Hosts varied, thus, the following analysis will critically assess and review the variation. The trial judge, Chadwick J., claimed that the case did give rise to a duty of care. He found that the Hosts had a duty not to turn Desormeaux loose on the highway where could cause injury or death to others. In my opinion, Chadwick was right to argue in favor of a possible foreseeability that Desormeaux could injure or kill some-one if one drove under the influence of alcohol. In other words, the hosts should be able to predict a possible accident of someone that has consumed alcohol. Foreseeability in the sense that if the hosts were aware of their guest’s history of impaired driving and abuse of alcohol then one as a host has a duty to monitor their guest and attempt to prevent him for
