Reference no: EM133304709

CASE:  Tony worked as a bouncer for the Cat & Mouse Lounge in downtown Toronto. He was formerly a professional wrestler, but had been working as a bouncer at this bar for the last few years. He knew the patrons very well, including Alexander. On October 13, Alexander visited the Cat & Mouse Lounge to celebrate his friend's birthday. On that day, Alexander was wearing a black leather jacket and blue jeans. He was a large man, approximately 6 feet tall. Alexander and his buddies had a great time that night, drinking late into the night. At about midnight, Alexander ordered another drink and the bartender refused to serve him. The bartender felt that Alexander had enough to drink, and that it would be unsafe to give him more. Alexander's friends ordered more drinks and convinced the bartender to give Alexander another few beers. "He's a big guy!" said one of his friends. "He can handle more drinks than any of us!" At around 1 a.m., Alexander decided to go home. He told his buddies that he was going to walk home, since he lived about 5 blocks away. However, he wasn't telling the truth. His car was parked in the parking lot, since he was planning to drive to his parents' home in Newmarket after the party. He stumbled into the parking lot and started to look for his car, a black Honda Civic. In the meantime, another customer came running into the bar, saying that there was a large man in the parking lot wearing a black leather jacket and blue jeans, who he had seen breaking the window of a red sports car. Tony ran out into the parking lot and saw the red sports car with a broken window. The owner of the sports car called the police. In the meantime, Tony spotted a large man with a black leather jacket and blue jeans walking to the other end of the parking lot. It was Alexander. Tony shouted at Alexander to stop, and ran up behind him. As Tony approached him, Alexander turned and punched Tony in the face, breaking his nose. As Tony fell to the ground, Alexander reached down to punch him in the face again. Annie, a server at the bar, yelled at Alexander, "Leave him alone! The police are on the way!" Alexander turned and quickly stumbled away. (Tony eventually needed surgery to reconstruct his nose, and experienced severe discomfort and difficulty breathing while sleeping after the incident.) Alexander had been walking around the block to calm down. After a while, Alexander walked to the parking lot at the Cat & Mouse Lounge, checked that no one was there, and got into his car and drove away. He was driving to his parents' home, but given his intoxication, he hit another car being driven by Jenna.

The next day, Alexander went to work at the electronics business that he owned. He had a very bad hangover. Ajay walked into the store and told Alexander that he wanted to buy a large TV for the media room in his house. Alexander was impressed - Ajay looked about 21 years old, but obviously was able to purchase the $13,000 Samsung 8K Smart TV that he selected. Alexander was not so impressed the next day when Ajay returned with his father. Apparently, Ajay was 16 years old, and his father was making him return the TV. Alexander refused to take the TV back, even though it was 3 still in the box, and pointed out that the invoice clearly stated that this was a final sale. "You better start saving your allowance, because I'm going to sue you and your parents if you don't pay for this TV," Alexander said to Ajay angrily. Unfortunately, Jenna's injuries from this accident were very serious. She had to spend 6 months in the hospital. She was told that she would likely experience lifelong pain along her spine, and she was unable to continue her career as a dance instructor. She also went through severe depression as a result of her life changes. After Jenna left the hospital, she decided to lease a used vehicle from the local car dealership. She told the salesperson at the dealership that she only wanted to lease a car that could be filled with regular gasoline, as she could not afford premium gasoline. The salesperson told her that the car she chose could be filled with regular gasoline. Jenna signed the lease agreement and agreed to pick up the car in 5 days. When Jenna went to pick up the car, she got a big surprise. The car was the right make and model, but the only problem was that it was green. The lease agreement specified that it would be blue. Unfortunately, Jenna hated this shade of green, and she was very upset. She refused to take the vehicle. At this point, the salesperson also became upset and told her that she had signed a contract, and that they would sue her if she did not take the vehicle and start paying the monthly lease payments.

QUESTION:Analysis tort, elements, negligence or contract element.