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Thursday, December 5, 2013

Do You Believe That Massachusetts Should Have A Social Host Liability Law? (homeowner Liable To Third Party If Partygoer Guest Drinks Alcohol, Drives Home, Gets Into Accident And Injuries Third Party)

[Name of the Student][Name of the Professor][Name of the Course][Date] mom policeIf guests harm themselves or some other(a)s , after devour pelter drinks at the boniface s dwelling , then on a lower floor certain bunch , the host can be nark responsible for such(prenominal) harm . The liability that arises can be every complaisant or guilty and the penalties imposed could range from irons or community service to fines . In most of the States of the conglutination it has been deemed to be a crime to violate neighborly host laws (Harvard College . neighborly Host Liability LawThe McGuiggan v . forward-looking England Tel faux pas of Massachusetts discussed the question of social host liability . This lawsuit was ground on incidents that transpired in the course of study 1978 . Daniel the son of the McGuiggans had ho ly his gamey school studies success effectivey . In to commemorate this condition the McGuiggans held a fellowship in which alcohol was served to the guests . Most of the guests were the classmates of Daniel and one and that(a) of them , by the name of James Magee , who had consumed torrent drinks before tending the party was offered some more drinks by the McGuiggans (McGuiggan v . New England knell and Telegraph , CoAfter some time had elapsed , Daniel , Magee and dickens other guests went for a drive in a cable car . plot of ground travelling in this fashion , Daniel leaned kayoed of the car window in to vomit , whereupon his head collided with a cement house belonging to the New England Telephone fellowship . The result taint proved to be terminal . afterward , the McGuiggans d a case against the New England Telephone follow . This company contended that the plaintiffs were credible for prosecution due to their being the social hosts of the drunken Magee . Th is was not accepted by the court , which pe! rtinacious in raise of the McGuiggans , because it could not be established that the McGuiggans were apprised that Magee was drunk (McGuiggan v .
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New England Telephone and Telegraph , CoThe decree in this linguistic context was amended in the year 2000 , consequent to the death of a drunken minor who had been baffling in a fatal parkway accident . The topical legal position obtaining in this regard is that a erect who permits or condones the consumption of alcoholic drinks to minors is criminally likely . Hitherto fore , criminal liability was attendant only upon the actual offer of alcoholic drinks to a min or (Mass .Gen .Laws .ch .138Since in that location has been no reduction in the number of cases involving drunken driving by minors , it would be extremely dangerous to make the law in pry of social host liability less close . The pauperism of the hour is to make the penalty much more stringent and in addition , the offenders should excessively be made liable according to the negligent per se standard , as is extant in some of the other States of the Union Works CitedHarvard College . complaisant Host Liability Law . 30 September 2004 . 28 September 2007 Mass .Gen .Laws .ch .138 2004McGuiggan v . New England Telephone and...If you command to get a full essay, order it on our website: OrderCustomPaper.com

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