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1) Bar owners are not responsible for, and can permit, disorderly conduct, such as fighting or indecent sexual behavior, in their restaurant or bar. True

1) Bar owners are not responsible for, and can permit, disorderly conduct, such as fighting or indecent sexual behavior, in their restaurant or bar. True False

2) All of the following elements must be proven to succeed in an action for Strict Products Liability, except:

a. Defendant sold a product in a defective condition. b. The plaintiff and defendant were in privity of contract. c. Plaintiff suffered an injury. d. The injury was caused by the defective product.

3) In order to prove strict products liability, a plaintiff must prove (among other things):

a.

that a defect existed when it left the defendants control.

b.

that defendant breached a duty.

c.

that defendant acted unreasonably.

d.

that the plaintiff was not negligent as well.

4) In order to prove strict products liability, a plaintiff must prove (among other things):

a.

that a defect existed when it left the defendants control.

b.

that defendant breached a duty.

c.

that defendant acted unreasonably.

d.

that the plaintiff was not negligent as well.

5) if a restaurant serves coffee that is hot enough to cause second-degree burns, it may be liable for:

a.

negligence.

b.

strict tort liability.

c.

breach of the warranty of merchantability.

d.

All of the above.

e.

None of the above.

6) Many jurisdictions limit the right to recover from injuries due to overservice of alcohol when the person claiming an injury is the same person who was overserved.

True orFalse

7) Restaurants and bars can sell alcohol without permission from the state.

True or False

8) Jim owns a bar in an upscale part of town. It is patronized by professionals who stop in for drinks after work. No fights or disruptions have ever occurred, and no patron has ever been unruly. One night, an unruly customer started threatening another customer; Jim advised the unruly customer to leave. The unruly customer refused. Jim then escorted the unruly patron to the door. As he did so, the unruly patron punched another customer in the nose, breaking it.

The bar in the above scenario:

a.

Should fire Jim.

b.

Should stop serving alcohol because it causes fights.

c.

Should use this as an opportunity to refresh its training of employees as to how to handle these situations.

d.

Should shut down altogether; it is not worth the hassle.

9) Jim owns a bar in an upscale part of town. It is patronized by professionals who stop in for drinks after work. No fights or disruptions have ever occurred, and no patron has ever been unruly. One night, an unruly customer started threatening another customer; Jim advised the unruly customer to leave. The unruly customer refused. Jim then escorted the unruly patron to the door. As he did so, the unruly patron punched another customer in the nose, breaking it.

The fact that the bar is located in an upscale part of town:

a.

is relevant to the issue of whether such disruptions in the bar are reasonably foreseeable.

b.

has absolutely no bearing on the liability of the bar.

c.

means the bar should be liable because the customers probably pay more for their purchases and therefore should be free from disruptions such as this.

d.

means the bar should not admit patrons who could cause disruptions.

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