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Zoe Was Injured Last New Year's Eve in a Traffic

Question 58

Multiple Choice

Zoe was injured last New Year's Eve in a traffic accident that was caused by Miles.The accident would not have occurred if Miles had not been drunk.Because Miles has no assets and is not worth suing, Zoe has instead sued Thelonious, who was in control of the premises where Miles became drunk.The judge must determine whether or not Thelonious owed a duty of care to Zoe.A duty is less likely to be imposed if


A) without Thelonious' knowledge, Zoe had also been drinking alcohol immediately before the accident.
B) Thelonious knew, on the basis of past experience, that Miles was likely to drive himself home after becoming drunk.
C) Zoe was a regular customer at Thelonious' sports bar.
D) Miles became drunk at Thelonious' sports bar after being served by an employee who has liability insurance.
E) Miles became drunk while visiting Thelonious at home, than if Miles became drunk while visiting Thelonious' sports bar.

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