Doc Law

grp case presentation for negligent acts in hospitality practices

absolute liablity rule

exceptions to albsolute liablity rule

mitigating circumstances from absolute liablity

liabilities arising from negliegence

Avoidence of liability for negligence, breach of contract, etc

2Negligence liability

(1)A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence.

(2)In the case of other loss or damage, a person cannot so exclude or restrict his liability for negligence except in so far as the term or notice satisfies the requirement of reasonableness.

(3)Where a contract term or notice purports to exclude or restrict liability for negligence a person’s agreement to or awareness of it is not of itself to be taken as indicating his voluntary acceptance of any risk.

Annotations:

Modifications etc. (not altering text)

C1S. 2(2) excluded (11.11.1999, but subject to s. 10(3)of the amending Act, does not apply in relation to a contract referred to in s. 10(2)) by 1999 c. 31, ss. 7(2), 10(2)(3)

RECENT DEVELOPMENT: TORTS -- COMMON LAW NEGLIGENCE -- SOCIAL HOST LIABILITY FOR SUBSEQUENT NEGLIGENT ACTS OF THEIR ALCOHOL-IMPAIRED GUESTS

Kelly v. Gwinnell, 96 N.J. 538, 476 A.2d 1219 (1984)

FALL, 1984

52 Tenn. L. Rev. 145

Author

Timothy M. McLemore

Excerpt

After taking a co-worker home, a driver accepted the co-worker's invitation to come inside for a few drinks. Following "an hour or two" of drinks and conversation, the driver attempted to drive home. As a result of liquor imbibed, the driver was severely intoxicated. 1 After leaving the co-worker's home, the driver's car collided head-on with another car. The other driver brought an action against the intoxicated driver 2 and the social host who had furnished the alcoholic beverages. After the trial court granted the defendant-host summary judgment, 3 the plaintiff...