Open Memo For Law Class

MEMORANDUMTO :Senior Partner OberdorferFROM : CONTACT _Con-3E7F4F9A1 \c \s \l Monique KairouzDATE :November 7 , 2007RE :Third Party Liability and Selling nasty drink to a Minor : Whether Jim s plump metre whitethorn be held obligated for injuries suffered by Mr . Baueras a result of Mr . Cheney s agency and if Jim s go down cease piece of tail becharged for merchandising liquor to a minorQuestions presentedMr . Bauer s injuries occurred at Jim s Dive Bar , merely were caused by a third base party , Mr . Cheney . loafer Jim s Dive Bar be held nonimmune for Mr Bauer s injuries , despite the occurrence that Mr . Cheney is not directly affiliate with the banding . Furthermore , target Jim s Dive Bar be held responsible for serving Mr . Cheney liquor on the night of the incident and omit their liquor indorse as a cons equenceShort AnswersYes and probably yes , Jim s Dive Bar raise be held liable for Mr . Luke Bauer s injuries that resulted from the swear outs of other athletic athletic supporter , Mr John The Train Cheney and Jim s Dive Bar and possessor Jim Marx scum bag be prosecuted for violation of Florida Liquor Law 768 .125 . Jim Dive Bar will likely be held liable because under the justice , the possessor of a place of public enterntainment has a certificate of indebtedness 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 mental faculty 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 preven! t Mr . Cheney s outburstBased on the facts in Mr . Bauer s case , precedent to 8 :30.

m , Mr . Cheney was involved in a verbal altercation with some other patron over a dispute during a pool game and bar staff noted to Mr . Bauer that Mr . Cheney s expression was obnoxious and that Mr . Cheney had had a lot to drink . However , on that point is no indication that the staff took any action to shelter Mr . Bauer or other patrons except for a discussion Mr . Marx had anterior 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 , bu t 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 rectify , 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

If you want to get a full essay, visit our page: write my paper