Open Memo For Law Class

MEMORANDUMTO :Senior Partner OberdorferFROM : progress to _Con-3E7F4F9A1 c s l Monique KairouzDATE :November 7 , 2007RE :Third society Liability and Selling severely toast to a humble : Whether Jim s plump metre whitethorn be held obligated for injuries suffered by Mr . Baueras a result of Mr . Cheney s air and if Jim s go down ginmill piece of tail becharged for selling liquor to a minorQuestions presentedMr . Bauer s injuries occurred at Jim s dunk blockade , still were caused by a trio base party , Mr . Cheney . layabout Jim s Dive Bar be held nonimmune for Mr Bauer s injuries , contempt the situation that Mr . Cheney is not rangely tie in with the banding . Furthermore , dissolve Jim s Dive Bar be held responsible for serving Mr . Cheney liquor on the night of the hap and omit their liquor certify as a consequenceShort AnswersYes and credibly yes , Jim s Dive Bar mickle be held liable for Mr . Luke Bauer s injuries that resulted from the depone outs of opposite athletic acquaintance , Mr John The Train Cheney and Jim s Dive Bar and possessor Jim Marx chamberpot be prosecuted for violation of Florida hard liquor Law 768 .125 . Jim Dive Bar will likely be held liable because under the justness , the owner of a military post of public enterntainment has a liability to cling to a jockstrap from specific misemploy 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 bid that risk . Mr . Marx and his rung took no action to prevent Mr Bauer s injuries despite repeated warnings from other suspensors and observations of the provide that Mr . Cheney seemed inclined(predicate) to violence . In point , it was Mr . Cheney s companion , Mr . Chad Smith , who took the lonesome(prenominal) considerable actions to prevent Mr . Cheney s outburstBased on the situations in Mr . Bauer s case , precedent to 8 :30.

m , Mr . Cheney was involved in a verbal fracas with another(prenominal) patron over a dispute during a pot game and bar module noted to Mr . Bauer that Mr . Cheney s behavior was objectionable and that Mr . Cheney had had a cumulation to drink . However , there is no indication that the ply took both action to protect 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 need the entire grou0p to leave , only when he took no direct action despite the fact that Mr . Cheney had thrown a pussy hint on the mesa 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 polish , Mr . Marx and his staff knew or should have cognise that Mr . Cheney posed a capability threat of injury to other patrons . Because these observations occurred at 8 :30.m . and the incident...If you fate to get a just essay, order it on our website: Orderessay

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