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MMLU-Pro / 1711 / The state has the following statutes regarding liquor sales in effect:"Section…
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The state has the following statutes regarding liquor sales in effect:"Section 1212. Whoever sells intoxicating liquor to any person who is intoxicated or inebriated is guilty of a misdemeanor. This section shall not apply in the case of sales of intoxicating liquor by a hotel, motel, or inn to any person registered and resident as a guest in such hotel, motel, or inn for consumption upon the premises thereof. ""Section 1213. It shall be unlawful for any vendor with a valid state liquor license to sell intoxicating beverages on Sunday. Anyone in violation of this section shall be guilty of a misdemeanor and fined not less than 1,000. "The state authorities have regularly enforced the aforementioned dram shop statute and "blue law" prohibiting Sunday liquor sales. At 12:30 a. m. on Sunday morning, a customer entered a liquor store and purchased a bottle of wine. The clerk who made the sale, thought the time was 11:30 p. m. Saturday night because that was the time shown on the store's wall clock. Unknown to the clerk, the clock was malfunctioning and was running an hour behind. Thus, the clock displayed the wrong time when the clerk sold the wine to the customer. When the clerk made the sale, the customer did not appear to be visibly inebriated. After making the purchase, the customer drank the entire bottle of wine. He then drove off in his car and struck a pedestrian, injuring him. At the time of the accident, the customer was intoxicated from drinking the wine. If the pedestrian asserts a claim against the liquor store, will the plaintiff prevail?
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The state has the following statutes regarding liquor sales in effect:"Section 1212. Whoever sells intoxicating liquor to any person who is intoxicated or inebriated is guilty of a misdemeanor. This section shall not apply in the case of sales of intoxicating liquor by a hotel, motel, or inn to any person registered and resident as a guest in such hotel, motel, or inn for consumption upon the premises thereof. ""Section 1213. It shall be unlawful for any vendor with a valid state liquor license to sell intoxicating beverages on Sunday. Anyone in violation of this section shall be guilty of a misdemeanor and fined not less than 100ormorethan1,000. "The state authorities have regularly enforced the aforementioned dram shop statute and "blue law" prohibiting Sunday liquor sales. At 12:30 a. m. on Sunday morning, a customer entered a liquor store and purchased a bottle of wine. The clerk who made the sale, thought the time was 11:30 p. m. Saturday night because that was the time shown on the store's wall clock. Unknown to the clerk, the clock was malfunctioning and was running an hour behind. Thus, the clock displayed the wrong time when the clerk sold the wine to the customer. When the clerk made the sale, the customer did not appear to be visibly inebriated. After making the purchase, the customer drank the entire bottle of wine. He then drove off in his car and struck a pedestrian, injuring him. At the time of the accident, the customer was intoxicated from drinking the wine. If the pedestrian asserts a claim against the liquor store, will the plaintiff prevail?
Original LaTeX notation
The state has the following statutes regarding liquor sales in effect:"Section 1212. Whoever sells intoxicating liquor to any person who is intoxicated or inebriated is guilty of a misdemeanor. This section shall not apply in the case of sales of intoxicating liquor by a hotel, motel, or inn to any person registered and resident as a guest in such hotel, motel, or inn for consumption upon the premises thereof. ""Section 1213. It shall be unlawful for any vendor with a valid state liquor license to sell intoxicating beverages on Sunday. Anyone in violation of this section shall be guilty of a misdemeanor and fined not less than $100 or more than $1,000. "The state authorities have regularly enforced the aforementioned dram shop statute and "blue law" prohibiting Sunday liquor sales. At 12:30 a. m. on Sunday morning, a customer entered a liquor store and purchased a bottle of wine. The clerk who made the sale, thought the time was 11:30 p. m. Saturday night because that was the time shown on the store's wall clock. Unknown to the clerk, the clock was malfunctioning and was running an hour behind. Thus, the clock displayed the wrong time when the clerk sold the wine to the customer. When the clerk made the sale, the customer did not appear to be visibly inebriated. After making the purchase, the customer drank the entire bottle of wine. He then drove off in his car and struck a pedestrian, injuring him. At the time of the accident, the customer was intoxicated from drinking the wine. If the pedestrian asserts a claim against the liquor store, will the plaintiff prevail?
category
law
options
- Yes, because the accident would not have occurred but for the sale of the wine to the customer.
- No, because the clerk did not violate the dram shop statute, and his violation of the "blue law" resulted from the clock's malfunctioning.
- No, because the customer did not appear to be visibly inebriated when he purchased the wine.
- Yes, because the liquor store was negligent per se by selling the wine in violation of the "blue law" prohibiting Sunday liquor sales.
- No, because the purpose of the "blue law" prohibiting Sunday liquor sales was not to prevent accidents caused by drivers driving while intoxicated.
- Yes, because the clerk should have been aware of the correct time regardless of the store's clock.
- Yes, because the store should have a system in place to ensure the accuracy of the time.
- No, because the pedestrian was not the direct victim of the violation of the "blue law."
- Yes, because the clock's malfunctioning is not a valid excuse for violating the "blue law."
- No, because the customer was already intoxicated before the purchase was made.
src
ori_mmlu-professional_law
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