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 arereasonably 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.

QUESTION 3

All of the following are objectives of dram shop acts except:

	a.	To place responsibility on the seller of alcohol for injuries resulting from illegal sales
	b.	To protect owners of bars and restaurants from liability for consequences of patrons' intoxication
	c.	To discourage licensees from making illegal liquor sales
	d.	To afford compensation to victims of illegal alcohol sales

QUESTION 4

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.

Which of the following statements is true:

	a.	The bar is strictly liable for the injuries to the customer because operating an establishment in which liquor is served is an inherently dangerous activity and the law automatically imposes liability on bar owners for these types of incidences.
	b.	Jim is personally liable for the injuries to the customer because he should not have interfered with a private dispute in the first place.
	c.	Neither the bar nor Jim is liable because Jim acted reasonably under the circumstances.
	d.	The bar is liable, but Jim would never be liable because Jim is only a manager and could not afford to pay any damages if a lawsuit was filed against him.

QUESTION 5

Benjamin, Caroline, Jacob, and Abigail are all out to dinner at an upscale restaurant in Providence. The reservation was made by Benjamin and he intends to pay the tab after the party finishes their meals. Caroline does not like shellfish. Jacob is allergic to peanuts, tree nuts, and all dairy products. Abigail will eat just about anything and Benjamin is fussy.

The four companions order their meals, and Benjamin makes sure the server is aware that he will be paying the bill at the conclusion of the meal. Ben orders roast chicken and mashed potatoes but instructs the server to hold the vegetables. Caroline orders a house salad and a filet, cooked medium rare. Unbeknownst to Caroline, the house salad is laced with shrimp. Jacob tells the server that he has severe food allergies and inquires as to whether the restaurant can accommodate his allergies. The server checks with the chef and assures Jacob that his food will be handled safely. Jacob orders a hamburger and a double order of French fries. Abigail orders raviolis with red sauce, a salad and places her order for a souffl for dessert at the time she orders her meal.

The food arrives and the four begin to eat. To Ben's dismay, his plate contains carrots in butter sauce even though he instructed the server to hold the vegetables. Caroline is horrified when she tastes shrimp in her house salad and refuses to finish it. Abigail begins to eat heartily but stops when she notices that Jacob's lips and nose are swelling uncontrollably, and he is wheezing. Ben administers an epipen to Jacob and he takes Jacob to the local emergency room for treatment. None of the party finish their meal, although Ben leaves his credit card to cover the tab as he rushes Jacob out the door.

Jacob's best course of action against the restaurant for damages incurred as a result of his allergic reaction is:

	a.	To sue for the implied warranty of merchantability because his food was not fit for its ordinary purpose.
	b.	To sue for strict product liability because his food was defective.
	c.	To sue for negligence because the restaurant failed to exercise reasonable care in preparing Jacob's food after being alerted to his allergic tendencies.
	d.	has no real options since restaurants should not be held liable for the unique reactions of its patrons to food served.

QUESTION 6

Under common law, when a liquor licensee wrongfully served a patron who thereafter injured another person, the injured person was entitled to compensation from the licensee for the resulting damages.

True

False

1.5 points

QUESTION 7

Which of the following is a set of rules designed to simplify and modernize the law governing the sale of goods?

	a.	Dram shop acts
	b.	The Constitution
	c.	The Uniform Commercial Code
	d.	Stare decisis

QUESTION 8

Which of the following is NOT a breach of the warranty of merchantability?

	a.	Chicken soup is served without being heated so that its temperature is quite cold.
	b.	Pork is served without being properly cooked so that parasites that cause trichinosis are alive in it.
	c.	Macaroni salad is served with spoiled mayonnaise.
	d.	Contaminated meat is used in a stew.

QUESTION 9

Jack drove Samantha to Borders Bar. At Samantha's urging, Jack had a few too many drinks. On the way home Jack was in an accident and Samantha was hurt. True or false: Borders Bar may be liable to Samantha.

True

False

QUESTION 10

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

False