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Question 1
Homer has a gun collection that he is very proud of. Bart, Homer's young son, is fascinated by his father's collection to the point where Homer must keep his guns locked up to make sure that Bart does not get his hands on them. One day, Homer is taking target practice with his vintage Civil War era pistol. After he has finished, he replaces the gun in its proper rack. However, Homer forgets to both unload the gun, and lock the door leading to the gun rack. Bart and his friend Millhouse get into the gun rack and start playing with the different guns. Bart is playing with the Civil War pistol when it goes off. Millhouse is accidentally shot and seriously injured. If Millhouse's parents sue Homer, they will probably:
Correct
Incorrect!
Correct Under certain circumstances, parents can be held liable for the torts committed by their children. For example, parents will be held liable for failing to prevent their children's foreseeable use of inherently dangerous instrumentalities. Here, Bart's love of guns made his attempt to get into Homer's gun closet foreseeable. By failing to unload the gun and lock the gun closet door, Homer failed to prevent Bart's foreseeable use of the gun. Therefore, he can be held liable for Bart's negligence and B is the correct answer.
Incorrect! Under certain circumstances, parents can be held liable for the torts committed by their children. For example, parents will be held liable for failing to prevent their children's foreseeable use of inherently dangerous instrumentalities. Here, Bart's love of guns made his attempt to get into Homer's gun closet foreseeable. By failing to unload the gun and lock the gun closet door, Homer failed to prevent Bart's foreseeable use of the gun. Therefore, he can be held liable for Bart's negligence and B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 2
Sam is the owner and manager of the Cheers Pub, a famous Boston watering hole. One Friday night, Norm stops by at Cheers to celebrate his new promotion. After several drinks, Norm is visibly intoxicated but he keeps ordering and Sam keeps serving him. By the time Norm staggers out of the bar, he is very drunk. Norm gets into his car and begins to drive home. However, on the way, he loses control of the car and crashes into Woody's front porch. Woody's porch is damaged and Norm is severely injured. In an action for negligence, Woody will be able to recover against Norm but not against Cheers:
Correct
Incorrect!
Correct Under the common law, a bar owner was not liable for injuries caused by a drunk customer. However, in recent years many states have passed statutes called 'dram shop' acts. These statutes create a cause of action against bar owners in favor of third parties injured by drunken customers. In other words, an injured third party can recover damages from a bar for injuries that the bar's customers cause. That being the case, Woody, the injured third party, will be able to recover from Cheers for the damage that Norm caused as a result of being intoxicated. Thus, False is the correct answer.
Incorrect! Under the common law, a bar owner was not liable for injuries caused by a drunk customer. However, in recent years many states have passed statutes called 'dram shop' acts. These statutes create a cause of action against bar owners in favor of third parties injured by drunken customers. In other words, an injured third party can recover damages from a bar for injuries that the bar's customers cause. That being the case, Woody, the injured third party, will be able to recover from Cheers for the damage that Norm caused as a result of being intoxicated. Thus, False is the correct answer.
Question 3
Sam is the owner and manager of the Cheers Pub, a famous Boston watering hole. One Friday night, Norm stops by at Cheers to celebrate his new promotion. Unfortunately, Norm gets to the bar as Sam is closing up, but Sam invites everybody back to his house to celebrate Norm's promotion. After several drinks, Norm is visibly intoxicated but he keeps drinking and Sam keeps serving him. By the time Norm staggers out of Sam's house, he is very drunk. Norm gets into his car and begins to drive home. However, on the way, he loses control of the car and crashes into Woody's front porch. Woody's porch is damaged and Norm is severely injured. In an action for negligence, Woody will be able to recover against Norm but not against Cheers:
Correct Although 'dram shop' acts create a cause of action against bar owners in favor of third parties injured by drunken customers, virtually all jurisdictions have allowed recovery only against commercial sellers of alcohol like bars, liquor stores or restaurants. Thus, there is no liability against a private individual who serves liquor to a guest, even if that guest is visibly intoxicated. That being the case, Woody cannot recover damages from Sam and True is the correct answer.
Incorrect! Although 'dram shop' acts create a cause of action against bar owners in favor of third parties injured by drunken customers, virtually all jurisdictions have allowed recovery only against commercial sellers of alcohol like bars, liquor stores or restaurants. Thus, there is no liability against a private individual who serves liquor to a guest, even if that guest is visibly intoxicated. That being the case, Woody cannot recover damages from Sam and True is the correct answer.
Correct
Incorrect!
Question 4
Sam is the owner and manager of the Cheers Pub, a famous Boston watering hole. One Friday night, Norm stops by at Cheers to celebrate his new promotion. After several drinks, Norm is visibly intoxicated but he keeps ordering and Sam keeps serving him. By the time Norm staggers out of the bar, he is very drunk. Norm gets into his car and begins to drive home. However, on the way, he loses control of the car and crashes into Woody's front porch. Woody's porch is damaged and Norm is severely injured. If Norm sues Cheers for serving him after he was drunk and allowing him to drive home, Norm will be able to recover:
Correct
Incorrect!
Correct Under the Dram Shop acts, recovery is generally limited to injured third parties. Most jurisdictions do not allow the intoxicated person to recover for his own injuries. Therefore, Norm will not be able to recover from Cheers for the injuries he sustained himself and False is the correct answer.
Incorrect! Under the Dram Shop acts, recovery is generally limited to injured third parties. Most jurisdictions do not allow the intoxicated person to recover for his own injuries. Therefore, Norm will not be able to recover from Cheers for the injuries he sustained himself and False is the correct answer.