1) Stuart and Amy host a backyard party at their single-family dwelling. Guests are invited to bring their own alcohol. Jimmy is a neighbour and friend who has been invited, and when he arrives he has already had a few drinks. As everyone is hanging out on the back deck, Jimmy perches himself on the top of the railing. He is a big guy and Stuart is afraid the railing might break.
If it does break and Jimmy falls a few feet to the ground, he could be badly hurt. Stuart asks Jimmy not to sit on the railing because of his concerns, and he also suggests that Jimmy has had enough to drink.
What duty of care does Stuart owe Jimmy? Has the duty been met?