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10/21/2007

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Noah

I'm for a moral duty to help one's friend who is headed for their car while inebriated, but I am uncomfortable with making the bartender the cop. for one, it's a conflict for them. if the bartender wants tips, they keep serving. asking them to weigh the probability that the customer is beyond the legal limit and will then go get in their car and drive against their economic interests hardly seems practical, especially in a bar with any kind of crowd, noise, or activity.


we've put the burden of ascertaining proper age on the bar and its employees and that's enough. i worry about dramshop liability becoming pizza liability (you shouldn't have sold me that XL extra-cheese that was my last meal before my heart-attack) or candy liability (where i can sue hershey's for my dental bills because they should have first determined whether i was taking the appropriate precautions to protect my teeth).

Jack

Noah, conflicting goals exist in nearly all businesses. Contractors may like to slap a project together and make a lot of "tips" but the owner and building inspectors help to keep them honest as does a quest for a good company reputation.

But what has happened here that the bartender chasing tips and the bar prospering at great cost to its customers and the community? Has the dollar become your god?

While the rest of your argument is absurdum, you may be pleased to note NYC having banned transfats in all of its restaurants which, since its such a large market is likely to change the menus of chains and franchises for the entire nation. There's quite a good discussion of the transfat decision here.

neilehat

Before the courts or any else takes action expanding the realm of liability for tort, perhaps we ought to all become fully versed in the concept of causation in the Law. To wit, I think we all would benefit from a thorough reading of Hart's & Honore's work on "Causation in the Law", Oxford University Press.

Clarifying the concept of causation is the first step. At what level of causation is liability to cease? Adequate, Proximate, etc., etc? Or as I prefer, "Primary, Secondary, Tertiary, Quartenary"...; "ahh to heck with it all"! Let's hold everybody and evrything liable and spend the rest of our lives in Court. Wasn't it Dickens or somebody like that, who set up the legal nightmare of "Jardash v. Jardash" or was it "Jardine v. Jardine" or something like that?

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