Abstract
This article describes the extent of alcohol provider liability in Canada and the United Kingdom. While the Canadian courts focus their analysis on the foreseeability of harm, the UK courts determine the duty of care based on an alcohol provider's assumption of responsibility. This has led to a much broader, more paternalistic duty of care for alcohol providers in Canada. Commercial providers have been subject to a broad duty of care since the 1970s, and the lower courts have more recently considered imposing liability on so-called ‘social hosts’ in certain circumstances. In contrast, the UK courts have been hesitant to impose any kind of alcohol-related liability, commenting that adults are responsible for the consequences of their own alcohol consumption. This article explores some of the potential legal and social reasons for this divergence in alcohol provider liability. The wide duty of care imposed on Canadian alcohol providers may be part of a larger trend to expand the duty of care, based on Canada's continuing allegiance to the Anns test. In addition, the divergent approaches may reflect public attitudes and government policies toward alcohol consumption in the two jurisdictions.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.