Legal Opinion Assignment

Added on - 18 Sep 2019

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LEGAL OPINION ASSIGNMENTFacts:It was getting to the end of Fall and Delilah was having a low day. “Here we go again – another six months ofsnow, slush and cold,” she thought. Just then, her friend, Jade, called and suggested they go out together and try outthe new gambling casino, CoolCasino. Delilah had never gambled before. Even though she knew she had anaddictive personality, she exclaimed, “Why not! It could be fun and I could make a bit of money.” After saying“See you later” to her husband, Abdul (who was so happy to stay behind and enjoy the return of hockey), she droveover to pick up her friend and they headed to the CoolCasino together. Once there, the flashing lights andexcitement overwhelmed her. “This is going to be fun” she exclaimed, and proceeded to the slot machines. Shebarely noticed the sign above the entrance:“Welcome to the CoolCasino, the hottest place in town.We want you to have a good time, but you enter at your own risk.”She had several hundred dollars in cash with her and quickly went through it all, repeatedly losing at the slotmachines. Jade suggested they stop, saying “You’ve lost enough.” Delilah responded, “I’m just getting started.This is so much fun.” After a few tries, Jade decided that she’d had enough. Her head was throbbing and she wasmeeting her partner for a dinner-dance.As soon as Jade left, Delilah decided to try her hand at Black Jack. She noticed that the bids were high and thought“Now I am really going to make some money.” She went to the bank machine, accessed the line of credit she sharedwith Abdul and withdrew $5,000. In her first try, she made $100, and thought, “I knew this game was for me”. ACoolCasino host came by with the drinks cart and offered a complimentary “virgin” punch (non-alcoholic) or shecould buy a “real” drink (alcoholic). CoolCasino management didn’t want to be seen as encouraging alcoholicdrinking even though it did help their profits. Delilah thought a “real” drink would enhance the thrill of theexperience and had a gin and tonic. Unfortunately her luck took a turn for the worse and she proceeded to lose$5,000 during the course of the next hour or so. She had another “real” drink to calm her nerves. “Abdul is notgoing to like this,” she thought, “I’d better win our money back.” She withdrew increasingly large sums out of thejoint line of credit and continued to calm her nerves from time to time with the odd “real drink” served byCoolCasino staff who noticed that she was indeed appearing increasingly nervous. At about mid-night, she tried towithdraw more money, when the cash machine showed that the $25,000 line of credit was depleted. She realizedthat Abdul was going to be really annoyed, but knew she had to head home and face the music.By the time she got home, she was so distraught at the loss of money that she mistook her neighbor’s driveway forhers and drove in. She intended to stop, but her foot slipped and hit the gas pedal. She drove right into theneighbour’s garage door. Harold, the neighbour, jolted awake and came out to see what was happening. He sawDelilah with her head on the steering wheel, sobbing. The car engine was steaming. He was able to reach in andpulled her out, dislocating her shoulder in the process. At that point, Abdul came out to see what was happening andcould only see Harold yanking Delilah out. “Let my wife go,” he yelled. “Calm down, Buddy,” said Harold, “Shejust destroyed my garage door.” Abdul was so distraught at hearing about the loss of money and Delihah’sexperience that he lost several days of work.You are an aspiring young lawyer and obviously doing very well professionally, having taken Small Group Torts atthe University of Ottawa. Abdul and Delilah have come to you for your legal advice. Delilah doesn’t say much.She is still in some pain with her shoulder. Abdul is fuming at the loss of salary and the debt they have incurredwith the depleted line of credit. He wants to sue the pants off CoolCasino and anyone else they could sue. Hewants to know if they have any chance of success.Assignment:Write a client letter to Abdul and Delilah providing your legal opinionconcerning a potential lawsuit in negligence. Please focus on duty andstandard of care. If you believe that material facts are missing, state whichfacts need to be investigated and how they could influence your analysis.
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