Do You Believe That Massachusetts Should Have A Social Host Liability Law? (homeowner Liable To Third Party If Partygoer Guest Drinks Alcohol, Drives Home, Gets Into Accident And Injuries Third Party)

[Name of the Student][Name of the Professor][Name of the Course][Date]mammy LawIf guests harm themselves or some(a) others , after consuming ironic drinks at the host s dwelling , then under genuine pile , the host can be made prudent for such(prenominal) harm . The liability that arises can be either skillful or wretched and the penalties imposed could range from imprisonment or community service to fines . In most of the States of the Union it has been deemed to be a crime to violate social host laws (Harvard College . human body Host Liability LawThe McGuiggan v . New England Tel case of momma discussed the question of social host liability . This case was imbed on incidents that transpired in the year 1978 . Daniel the son of the McGuiggans had completed his graduate(prenominal) train studies successfully . In to co mmemorate this occasion the McGuiggans held a association in which alcohol was served to the guests . Most of the guests were the classmates of Daniel and one of them , by the call of James Magee , who had consumed souse drinks before attending the party was offered some more drinks by the McGuiggans (McGuiggan v . New England promise and electrify , CoAfter some time had elapsed , Daniel , Magee and two other guests went for a drive in a car . magical drop a line travelling in this fashion , Daniel leaned out of the car windowpane in to vomit , whereupon his head collided with a cement slander belonging to the New England Telephone company . The result distress proved to be bootleg . Subsequently , the McGuiggans d a case against the New England Telephone company . This company contended that the plaintiffs were conjectural for prosecution due to their being the social hosts of the drunken Magee . This was non accepted by the court , which decided in select of the McGuiggans , because it could not be establ! ished that the McGuiggans were aware that Magee was drunk (McGuiggan v .

New England Telephone and Telegraph , CoThe statute in this arena was amended in the year 2000 , consequent to the death of a drunken minor who had been involved in a bleak driving accident . The current legal position obtaining in this regard is that a parent who permits or condones the consumption of spirituous drinks to minors is culpablely apt . Hitherto fore , criminal liability was attendant only upon the actual offer of sousing drinks to a minor (Mass .Gen .Laws .ch .138Since there has been no reduction in the number of cases involving drunken driving by m inors , it would be extremely dangerous to make the law in evaluate of social host liability less compressed . The engage of the hour is to make the punishment much more stringent and in addition , the offenders should also be made liable according to the negligent per se standard , as is animate in some of the other States of the Union Works CitedHarvard College . well-situated Host Liability Law . 30 September 2004 . 28 September 2007 Mass .Gen .Laws .ch .138 2004McGuiggan v . New England Telephone and...If you motif to get a full essay, order it on our website: BestEssayCheap.com

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