Legal Opinion: CoolCasino Negligence Case
VerifiedAdded on 2019/09/18
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Case Study
AI Summary
This case study presents a legal scenario involving Delilah, who incurs significant debt and causes property damage after a visit to CoolCasino. The assignment requires students to write a legal opinion letter to Delilah and Abdul, focusing on the potential for a negligence lawsuit against CoolCasino. The analysis should specifically address the duty of care and standard of care, and identify any missing material facts that could influence the legal analysis. The assignment is a research-based task, requiring students to consider relevant case law and statute law. The final submission should be a 10-page document, formatted according to the specified guidelines.
LEGAL OPINION ASSIGNMENT
Facts:
It was getting to the end of Fall and Delilah was having a low day. “Here we go again – another six months of
snow, slush and cold,” she thought. Just then, her friend, Jade, called and suggested they go out together and try out
the new gambling casino, CoolCasino. Delilah had never gambled before. Even though she knew she had an
addictive 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 drove
over to pick up her friend and they headed to the CoolCasino together. Once there, the flashing lights and
excitement overwhelmed her. “This is going to be fun” she exclaimed, and proceeded to the slot machines. She
barely 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 slot
machines. 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 was
meeting 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 shared
with Abdul and withdrew $5,000. In her first try, she made $100, and thought, “I knew this game was for me”. A
CoolCasino host came by with the drinks cart and offered a complimentary “virgin” punch (non-alcoholic) or she
could buy a “real” drink (alcoholic). CoolCasino management didn’t want to be seen as encouraging alcoholic
drinking even though it did help their profits. Delilah thought a “real” drink would enhance the thrill of the
experience 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 not
going to like this,” she thought, “I’d better win our money back.” She withdrew increasingly large sums out of the
joint line of credit and continued to calm her nerves from time to time with the odd “real drink” served by
CoolCasino staff who noticed that she was indeed appearing increasingly nervous. At about mid-night, she tried to
withdraw more money, when the cash machine showed that the $25,000 line of credit was depleted. She realized
that 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 for
hers and drove in. She intended to stop, but her foot slipped and hit the gas pedal. She drove right into the
neighbour’s garage door. Harold, the neighbour, jolted awake and came out to see what was happening. He saw
Delilah with her head on the steering wheel, sobbing. The car engine was steaming. He was able to reach in and
pulled her out, dislocating her shoulder in the process. At that point, Abdul came out to see what was happening and
could only see Harold yanking Delilah out. “Let my wife go,” he yelled. “Calm down, Buddy,” said Harold, “She
just destroyed my garage door.” Abdul was so distraught at hearing about the loss of money and Delihah’s
experience that he lost several days of work.
You are an aspiring young lawyer and obviously doing very well professionally, having taken Small Group Torts at
the 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 incurred
with the depleted line of credit. He wants to sue the pants off CoolCasino and anyone else they could sue. He
wants to know if they have any chance of success.
Assignment: Write a client letter to Abdul and Delilah providing your legal opinion
concerning a potential lawsuit in negligence. Please focus on duty and
standard of care. If you believe that material facts are missing, state which
facts need to be investigated and how they could influence your analysis.
Facts:
It was getting to the end of Fall and Delilah was having a low day. “Here we go again – another six months of
snow, slush and cold,” she thought. Just then, her friend, Jade, called and suggested they go out together and try out
the new gambling casino, CoolCasino. Delilah had never gambled before. Even though she knew she had an
addictive 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 drove
over to pick up her friend and they headed to the CoolCasino together. Once there, the flashing lights and
excitement overwhelmed her. “This is going to be fun” she exclaimed, and proceeded to the slot machines. She
barely 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 slot
machines. 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 was
meeting 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 shared
with Abdul and withdrew $5,000. In her first try, she made $100, and thought, “I knew this game was for me”. A
CoolCasino host came by with the drinks cart and offered a complimentary “virgin” punch (non-alcoholic) or she
could buy a “real” drink (alcoholic). CoolCasino management didn’t want to be seen as encouraging alcoholic
drinking even though it did help their profits. Delilah thought a “real” drink would enhance the thrill of the
experience 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 not
going to like this,” she thought, “I’d better win our money back.” She withdrew increasingly large sums out of the
joint line of credit and continued to calm her nerves from time to time with the odd “real drink” served by
CoolCasino staff who noticed that she was indeed appearing increasingly nervous. At about mid-night, she tried to
withdraw more money, when the cash machine showed that the $25,000 line of credit was depleted. She realized
that 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 for
hers and drove in. She intended to stop, but her foot slipped and hit the gas pedal. She drove right into the
neighbour’s garage door. Harold, the neighbour, jolted awake and came out to see what was happening. He saw
Delilah with her head on the steering wheel, sobbing. The car engine was steaming. He was able to reach in and
pulled her out, dislocating her shoulder in the process. At that point, Abdul came out to see what was happening and
could only see Harold yanking Delilah out. “Let my wife go,” he yelled. “Calm down, Buddy,” said Harold, “She
just destroyed my garage door.” Abdul was so distraught at hearing about the loss of money and Delihah’s
experience that he lost several days of work.
You are an aspiring young lawyer and obviously doing very well professionally, having taken Small Group Torts at
the 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 incurred
with the depleted line of credit. He wants to sue the pants off CoolCasino and anyone else they could sue. He
wants to know if they have any chance of success.
Assignment: Write a client letter to Abdul and Delilah providing your legal opinion
concerning a potential lawsuit in negligence. Please focus on duty and
standard of care. If you believe that material facts are missing, state which
facts need to be investigated and how they could influence your analysis.
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Value: 20% of final grade.
Page Length: 10 pages, inclusive of footnotes, using 12 pt Times New Roman font,
double-spaced with one inch margins. Please print on both sides of the
paper if you are able. No cover page is necessary.
Materials: This is a research assignment. Your analysis requires you to consider and
analyze the relevant case law and statute law, if any.
Identification: Please do not put any identifying information on your paper (such as your
name). Only use your student number. Please attach the grading sheet at
the end of this assignment. Please put your student number on the grading
sheet and on the back of the last page.
Page Length: 10 pages, inclusive of footnotes, using 12 pt Times New Roman font,
double-spaced with one inch margins. Please print on both sides of the
paper if you are able. No cover page is necessary.
Materials: This is a research assignment. Your analysis requires you to consider and
analyze the relevant case law and statute law, if any.
Identification: Please do not put any identifying information on your paper (such as your
name). Only use your student number. Please attach the grading sheet at
the end of this assignment. Please put your student number on the grading
sheet and on the back of the last page.
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