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

Question 60

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 Davis,who was in control of the premises where Miles became drunk.The judge must determine whether or not Davis owed a duty of care to Zoe.Which of the following statements is TRUE?


A) A duty is less likely to be imposed if,without Davis's knowledge,Zoe also had been drinking alcohol immediately before the accident.
B) A duty is less likely to be imposed if Davis knew,on the basis of past experience,that Miles was likely to drive himself home after becoming drunk.
C) A duty of care is more likely to be imposed if liability in this case is likely to open the floodgates to litigation against private citizens who host informal parties in their own homes.
D) A duty is less likely to be imposed if the employee at Davis's tavern,who served alcohol to Miles,has liability insurance.
E) A duty of care is more likely to be imposed if Davis owned a commercial tavern where Miles became drunk.

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