Name a Type of Business That Should Be Very Concerned with Dram Shop Liability?

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April 6, 2013

BUSI 310 – 401

Week 10 Assignment

1) Name a type of business that should be very concerned with dram shop liability?

Bars, taverns, and any other business that serve alcohol drinks to people should be very concern with dram shop liability because dram shop liability holds business and sometimes individuals that serve alcohol to people already intoxicated or become intoxicated responsible for any injuries caused by the intoxicated guest.

2) What does a Good Samaritan law do?

Good Samaritan law or the Good Samaritan statues helps to protect those who offer their assistance in emergency situations from being sued by people they try to help.

3) What liability standard applies to a person who keeps an African lion as a pet inside their condo in Federal Hill?

 Based on my reading from this chapter I would say strict liability standard applies to a person who keeps an African lion as a pet inside their condo in Federal Hill. As stated in the notes, anyone who has a wild animal is strictly liable for all harm the animal causes; whereas, the owner of a domestic animal is only strictly liable if they knew or should have known that the animal was unsafe or had the inclination to hurt others.

4) You see your neighbor’s child playing in the street and know she will certainly be hit by oncoming traffic if she does not move immediately. Do you have a legal duty to rescue her from this danger?

No you do not have a legal duty to rescue the child from that danger. According to the No Duty to Rescue section in the book and notes, someone deciding not to help a stranger in danger is not neglectful as a matter of tort law.

5) In the scenario above, do you think the neighbor has a moral duty to rescue? Why or why not?

Yes, I believe the neighbor does. As stated in note for this chapter I, liked most people, would impose an ethical duty on him/her to render aid. To be aware of something like that and not do anything just doesn’t seem right to me. It...