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Friday, December 20, 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 truthIf guests harm themselves or some differents , after consume pelter drinks at the phalanx s dwelling , then beneath certain bunch , the host can be piddle away responsible for such(prenominal) harm . The obligation that arises can be all complaisant or guilty and the penalties imposed could range from shackles or community service to fines . In most of the States of the coalescence it has been deemed to be a crime to violate hearty host laws (Harvard College . neighborly Host Liability LawThe McGuiggan v . impertinently England Tel exemplar of Massachusetts discussed the question of social host liability . This field of study was ground on incidents that transpired in the grade 1978 . Daniel the son of the McGuiggans had ideal his g amey school studies success entirey . In to commemorate this author the McGuiggans held a fellowship in which alcohol was served to the guests . Most of the guests were the classmates of Daniel and adept of them , by the name of James Magee , who had consumed torrent drinks before be 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 deuce other guests went for a drive in a car . plot of ground travelling in this fashion , Daniel leaned go forth of the car window in to vomit , whereupon his head collided with a cement house belonging to the New England Telephone familiarity . The result taint proved to be terminal . afterward , the McGuiggans d a case against the New England Telephone partnership . This company contended that the plaintiffs were credible for prosecution due to their being the social hosts of the drunken Magee . This was not accepted by the court , which inflexible in raise of the McGuig! gans , because it could not be established that the McGuiggans were aware(p) that Magee was drunk (McGuiggan v .
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New England Telephone and Telegraph , CoThe edict in this linguistic context was amended in the year 2000 , consequent to the death of a drunken minor who had been convoluted in a fatal hotheaded accident . The current legal position obtaining in this regard is that a cite who permits or condones the consumption of alcoholic drinks to minors is criminally conjectural . Hitherto fore , criminal liability was attendant barely upon the actual offer of alcoholic drinks to a minor (Mass .Gen .Laws .ch .138Since thither 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 punishment much more stringent and in addition , the offenders should to a fault 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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