Tuesday, October 25, 2011

Graff v. Beard case brief

Graff v. Beard case summary
FACTS
-The Graff’s held a party.
-A guest left the party in vehicle while intoxicated, en route he collided with a motorcycle injuring Beard, who sued both guest and the Graff’s.

ISSUE
-Is there a duty to the D, where someone other than the D. has created a risk?

RULES

-Considerations of public policy in regards to imposing a new common-law duty.
-Considerations include: social economic and political questions.
[Considerations]
1. Extent of the risk involved.
2. Foreseeability and likelihood of injury weighted against the social utility of the actor’s conduct.
3. Magnitude of the burden of guarding against the injury.
4. Consequences of placing the burden of the Def.
(no general duty exists to control the conduct of others)
[Two assumptions made here]:
-That the host can reasonably know of the guest’s alcohol consumption and possible intoxication, and possess the right to control the conduct of the guest.
[Otis]: Decision premised on: “the employer’s negligent exercise of control over the employee rather than on a general duty to prevent intoxicated people from driving.”

APPLICATION

[Exclusive Control]
-It is far from clear that a social host can reliably recognize a guest’s level of intoxication.
[If intoxicated: host must prevent guest from driving.]
-Cannot assume that guests will respond to host’s attempts.

CONCLUSION

-The imbiber maintains the ultimate power and thus the obligation to control his own behavior.

Support us by: 

Checking out our amazing store on Etsy: http://www.bohobuttons.com

While in law school I traveled the world.  Puerto Rico.  Egypt.  Israel.  The Netherlands.  All over the United States.  Costa Rica.  Panama... How, you ask?  I found ways to make money on the side.  One of those ways was hosting my apartment on AirBnB.  If you have an extra room, this is a perfect way to make some extra cash.


Since law school, I have traveled to dozens of countries for pleasure with my family.  It's not rocket science.  You just need to know how to start some side hustles.  Another one of my favorite ways to make money is buying and selling stocks and cryptocurrency on Robinhood.  Join now and get a free stock through this link:  Join Robinhood and Get a Free Stock!

No comments:

Post a Comment

The Ins and Outs of Class Action Lawsuits: A Comprehensive Guide

Sometimes, you may buy a product only to find it defective. To make it worse, your search for the product reveals mass complaints. You can ...