Research Problem Case Solution And Analysis, HBR Case Study Solution & Analysis of Harvard Case Studies

Research Problem

Laws

A. According to California Business and Professions code, Sec. 25602, if an alcohol vendor serves to an intoxicated person and it results in an injury to someone else then this rule applies only to license of the vendors to sell alcohol in California not to social host who is providing alcoholic beverages at social events(Ryskamp, 2015).

B and c. In California, an individual cannot be civilly liable as a social host instead he could be criminally liable for serving alcohol to an obviously intoxicated person(Bergen, 2015).

d. According to California Business and Professions code, Sec.23399, for organizing private parties in which admission fee is charged and admission fee includes the food and alcoholic beverages charges then alcoholic beverage license is required(Alcohoic Beverages Law, 2010).

e. According to California Business and Professions code, Sec.25658, no person is allowed to give to any alcoholic beverages to a person who is under age of 21 and he is also not allowed to give alcoholic beverages if he under age of 21(University of California, 2015).

F. According to California business and Professions code, Sec.25602, it is misdemeanor to sell or give any alcoholic beverages to intoxicated person(University of California, 2015).

G &H. If a person is a social host and he serves alcoholic beverages to intoxicated person and underage guests, then he would be liable by the civil lawsuit for any injuries and damages caused by intoxicated person and underage person. Civil lawsuits are on the basis of specific state laws. They include host liability or negligence. Negligence occurs when an individual does not takes care to follow the law(Lawyers.com, 2015).

Applying facts

En E. Briyate, a resident of the apartment complex, arrived at party and he was already obviously intoxicated, alcohol had been served to him without making proper assessment of the person it is the violation of the above Section mentioned in E and F. Alcoholic beverage license is required according to the above Section mentioned in D in order to organize private party and charging admission fees at a party,but in this case there is lack of license. According to civil lawsuit, providing alcohol negligently to intoxicated person will result in being sued against the provider of the alcohol beverages.

Conclusion

Yes,he may face legal liability to the Briyate family and to those people whose property he damaged, since it was the violation of the sections mentioned above. He should have obtained beverage licensed, since there was no control over the people, therefore he may be held liable for the injuries and damages caused due to negligence.

Research Problem Case Solution

References

Alcohoic Beverages Law. (2010). Alcoholic Beverage Law in California. Retrieved from http://calbevlaw.com/: http://calbevlaw.com/2010/12/11/when-is-an-alcoholic-beverage-license-needed/

Bergen, A. P. (2015). Social host liability in California. Retrieved from pennersbergen.com: http://www.pennersbergen.com/social-host-liability-in-california/

Lawyers.com. (2015). When Your Guests Drink, Then Drive. Retrieved from http://criminal.lawyers.com/: http://criminal.lawyers.com/dui-dwi/when-your-guests-drink-then-drive.html

Ryskamp, D. A. (2015). Dram Shop Laws and Social Host Liability for Alcohol-Related Accidents in California. Retrieved from nolo.com: http://www.nolo.com/legal-encyclopedia/dram-shop-laws-social-host-liability-alcohol-related-accidents-california.html

University of California. (2015). Citations from California Law Related to Alcoholic Beverages. Retrieved from www.food.uci.edu: http://www.food.uci.edu/images/CitationsCALaws.pdf ..............................

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