Legal Bibliography
Host Liability

    Prepare a legal memorandum relating to the issues raised by the following facts. The memorandum should be no longer than five double-spaced typed pages. Use correct citation form according to the Bluebook. Use 13-point type.

The case arises out of the following facts:

    Last September, Rex and Regina Winsor's daughter, Margaret married Tony Snowden. The reception, hosted by the parents of the bride, featured an open bar. One of the guests, Peter Fallon, actually had six drinks and other guests at the reception observed him stumbling as he walked, saw him fall once, and heard him slurring his words. The bartender, furnished by the Royale Catering Service, continued serving alcoholic drinks to Peter even after these incidents. After the reception, while driving home, Peter was involved in an accident. He hit and killed a pedestrian, Victoria Browne. Peter himself suffered serious injuries when his car struck a utility pole after hitting Ms. Browne. Police investigation has determined that the accident was solely Peter's fault and a blood sample drawn at the hospital showed an alcohol content of .18 percent.

    The Winsors and the Royale Catering Service are being sued by the Browne estate on a wrongful death claim. To add insult to indignity, they also are being sued by Peter Fallon himself who contends the Winsors and the Royale Catering Service both owed him a duty to see that he did not get drunk, or that if he was drunk, to prevent him from driving off before sobering up. He wants compensation for his own personal injuries, plus the pain and suffering he has experienced as the result of being involved in a fatal car accident.

    Prepare a memorandum addressing:

        (1) the Winsors' potential liability to Victoria Brown's estate, and

        (2) their liability to Peter Fallon, as well as

        (3) the Royale Catering Service's liability to the Browne estate, and

        (4) its liability to Peter Fallon.

    Please check the S.C. Code for any statutory sections applicable to these issues as well as S.C. case law.