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The Case Of Child V. Desormeaux

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The Case Of Child V. Desormeaux
The current common law rule about duty of care of social hosts involving parties where guests bring and consume their own alcoholic beverages follows under the synonym of common law: general rule. In the case of Child V. Desormeaux, it was proven by the courts that the social hosts did not own a duty of care to the people injured by the defendant’s actions. “I conclude that as a general rule, a social host does not owe a duty of care to a person injured by a guest who has consumed alcohol and that the courts below correctly dismissed the appellants’ action.” The Supreme Court of Canada’s decision in the case of Child v. Desormeaux supports the current common law rule about the duty of care involving social hosts that they are no responsible …show more content…
The reasons I believe are: firstly, the government makes alcohol legal at 19 years of age and by that time you should be responsible enough to know how much alcohol you are able to consume with a sane mindset. Secondly, if for whatever reason you wish to surpass your limits and know you will or could become intoxicated to the point of being drunk you should already have someone there (friend or family member) to be able to assist you and make sure you do not do anything you will regret when you are of sane mind, and if you do not have someone there you should especially already have a ride home arraigned before you even put a drop of alcohol into your system. Finally, if you are invited to a party (you are under no obligation to be) the host assumes you will take care of yourself or have a plan set in place and also will respect their rules and …show more content…
Personal autonomy is defined as “is the capacity to decide for oneself and pursue a course of action in one’s life, often regardless of any particular moral content.” Mr. Desormeaux not only showed no concern for society and third parties who could (and did) get injured and worse killed. He also showed no concern for what would happen to the host of the party which he attended. Luckily, the social host was not charged which the inconsiderate actions by Mr. Desormeaux, which cost 3 people serious harm (one of whom is the plaintiff Child) but also took the life of 1 other. The actions of Mr. Desormeaux placed the strain of personal autonomy of guests imposing such a duty of care on them and resulting in extreme stress, a lawsuit, and other mental/emotional strains. I do not believe this is an acceptable limit on the autonomy of guests in light of the harm that would be prevented. The reason I did is because if a 19-year-old or even older guest can consume or purchase alcohol and have the manners to respect the host's liability, and other third parties well-being maybe he should have never consumed alcohol in the first place. Even if a social host becomes responsible for all their guests who bring and consume their own alcoholic beverages then there would have to be a host by every entrance/exit and keeping an eye of every single person at every single

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