A recent case involved a fight that broke out at the Commodore, a dance hall. During a break in the music, the master of ceremonies was attacked. When the Commodore's security team failed to appear, the plaintiff, Mr. Jeffrey, a patron, joined other patrons who intervened. Jeffrey was hit from behind with a chair and punched in the jaw. He sued Commodore Cabaret Ltd., the company that managed the premises and entertainment, on these facts. Which of the following is false?
◦ If the defendant argued and the court found that Jeffrey had volunteered to take both the physical and the legal risk, Jeffrey would lose and receive no damages.
◦ Jeffrey's cause of action against the company could be framed in negligence because he could argue that the company owed him a duty of care, fell below the standard of care, and caused him foreseeable damage.
◦ The company has a duty under the Occupiers' Liability Act to take reasonable steps to ensure that patrons are reasonably safe.
◦ If the defendant argued and the court found that Jeffrey was contributorily negligent, Jeffrey would receive some damages for compensation.
◦ Jeffrey could have successfully sued the person who punched him in the jaw for the tort of negligence.
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