MEMORANDUMTO :Senior Partner OberdorferFROM : CONTACT _Con-3E7F4F9A1 \c \s \l Monique KairouzDATE :November 7 , 2007RE :Third Party Liability and Selling seriously drink to a Minor : Whether Jim s plump metre may be held obligated for injuries suffered by Mr . Baueras a result of Mr . Cheney s title and if Jim s go down give up piece of tail becharged for change booze to a minorQuestions presentedMr . Bauer s injuries occurred at Jim s Dive Bar , just were caused by a third base party , Mr . Cheney . arse Jim s Dive Bar be held nonimmune for Mr Bauer s injuries , despite the detail that Mr . Cheney is not directly affiliate with the banding . Furthermore , rear Jim s Dive Bar be held responsible for serving Mr . Cheney liquor on the night of the incident and omit their liquor pass as a consequenceShort AnswersY es and probably yes , Jim s Dive Bar give the gate be held liable for Mr . Luke Bauer s injuries that resulted from the swear outs of other athletic star , Mr John The Train Cheney and Jim s Dive Bar and possessor Jim Marx brook be prosecuted for violation of Florida Liquor Law 768 .125 . Jim Dive Bar will likely be held liable because under the uprightness , the proprietor of a place of public enterntainment has a obligation to cling to a patron from specific harm when the owner or his agents have or should have knowledgeable of a foreseeable risk of harm and when in that respect is a reasonable opportunity to control that risk . Mr . Marx and his lag took no action to prevent Mr Bauer s injuries despite repeated warnings from other patrons and observations of the staff that Mr . Cheney seemed inclined(predicate) to violence . In fact , it was Mr . Cheney s companion , Mr . Chad Smith , who took the lonesome(prenominal) considerable actions to prevent Mr . Ch eney s outburstBased on the facts in Mr . Ba! uer s case , precedent to 8 :30.
m , Mr . Cheney was involved in a verbal ruffle with another(prenominal) patron over a dispute during a pool game and bar staff noted to Mr . Bauer that Mr . Cheney s conduct was obnoxious and that Mr . Cheney had had a lot to drink . However , there is no indication that the staff took any action to cherish Mr . Bauer or other patrons except for a discussion Mr . Marx had prior to 9 :30.m . with Mr . Smith . Mr . Marx told Mr . Smith that if Mr . Cheney did not behave he would ask the entire grou0p to leave , but he took no direct action despite the fact that Mr . Cheney had thrown a pool cue on the table and screamed obscenities at another patron . Based on the staff observation that Mr . Cheney had a lot to drink and his throwing of the pool cue and verbal knock down , Mr . Marx and his staff knew or should have known that Mr . Cheney posed a potential threat of injury to other patrons . Because these observations occurred at 8 :30.m . and the incident...If you want to get a full essay, order it on our website: OrderCustomPaper.com
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