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CAL No 14 Pty Ltd v Scott [2009] HCA 47

TORTS — Negligence — Duty of care — Operator of hotel and liquor licensee — Intoxicated patron died in road accident after leaving hotel on motorcycle — Where patron and licensee agreed motorcycle and its keys should be held by licensee and patron’s wife called when patron ready to leave — Patron refused licensee’s offer to call wife to collect patron as arranged and requested keys — Whether licensee had duty to take reasonable care to prevent intoxicated patron from riding motorcycle from hotel — Whether an exceptional case.TORTS — Negligence — Breach — Whether alleged duty required licensee to call wife — Whether alleged duty discharged by offer to call wife. TORTS — Negligence — Causation — Whether calling wife would have prevented death — Whether on balance of probabilities wife would have received and responded to call in time.

To read more visit http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2009/47.html?stem=0&synonyms=0&query=cal%20no%2014%20pty%20ltd%20v%20scott

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