Comments on: Dram Shop Liability (for Lousy Drinks) http://fightthehypo.com/2008/04/07/dram-shop-liability-for-lousy-drinks/ a law student blog ::fighting the hypo, so you don't have to :: Sat, 11 Oct 2008 09:24:12 +0000 http://wordpress.org/?v=2.6.2 By: Dr. Bombay http://fightthehypo.com/2008/04/07/dram-shop-liability-for-lousy-drinks/#comment-137 Dr. Bombay Wed, 16 Apr 2008 23:39:49 +0000 http://fightthehypo.com/?p=119#comment-137 What about rescission as an equitable remedy? What about rescission as an equitable remedy?

]]> By: Casebook Sherpa http://fightthehypo.com/2008/04/07/dram-shop-liability-for-lousy-drinks/#comment-136 Casebook Sherpa Wed, 16 Apr 2008 23:37:27 +0000 http://fightthehypo.com/?p=119#comment-136 But the issue was whether Dr. Bombay has waived his right to rescission (though I admittedly muddied the water by introducing the "benefit of the bargain" terminology). Once he keeps the drink he has substantially performed. At that point, he can sue for damages, but not rescission. But the issue was whether Dr. Bombay has waived his right to rescission (though I admittedly muddied the water by introducing the “benefit of the bargain” terminology). Once he keeps the drink he has substantially performed. At that point, he can sue for damages, but not rescission.

]]> By: Dr. Bombay http://fightthehypo.com/2008/04/07/dram-shop-liability-for-lousy-drinks/#comment-133 Dr. Bombay Mon, 14 Apr 2008 22:34:07 +0000 http://fightthehypo.com/?p=119#comment-133 I think I do, and the Blackie's lesson is instructive. If the representitive from Coke didn't specify the booze (just the mixer) and still had a cause of action for not receiving the benefit of the bargain, I certainly would have one for not getting the right mixer and having it made like crap. I think I do, and the Blackie’s lesson is instructive. If the representitive from Coke didn’t specify the booze (just the mixer) and still had a cause of action for not receiving the benefit of the bargain, I certainly would have one for not getting the right mixer and having it made like crap.

]]> By: Anonymous http://fightthehypo.com/2008/04/07/dram-shop-liability-for-lousy-drinks/#comment-132 Anonymous Sun, 13 Apr 2008 18:26:59 +0000 http://fightthehypo.com/?p=119#comment-132 But wouldn't the doctor still be able to sue of the difference between the drink he ordered and the drink he got, otherwise he did not receive the benefit of his bargain But wouldn’t the doctor still be able to sue of the difference between the drink he ordered and the drink he got, otherwise he did not receive the benefit of his bargain

]]> By: Casebook Sherpa http://fightthehypo.com/2008/04/07/dram-shop-liability-for-lousy-drinks/#comment-124 Casebook Sherpa Thu, 10 Apr 2008 20:41:10 +0000 http://fightthehypo.com/?p=119#comment-124 Anonymous: Yes. Substantial performance (in the act of keeping the drink and, presumably, drinking it) would waive the good Doctor's right to rescind. This action would, in essence, affirm the bargain made with the bartender and constitute an action granting the legitimacy of the bargain. Anonymous:

Yes. Substantial performance (in the act of keeping the drink and, presumably, drinking it) would waive the good Doctor’s right to rescind. This action would, in essence, affirm the bargain made with the bartender and constitute an action granting the legitimacy of the bargain.

]]> By: Anonymous http://fightthehypo.com/2008/04/07/dram-shop-liability-for-lousy-drinks/#comment-123 Anonymous Thu, 10 Apr 2008 17:53:00 +0000 http://fightthehypo.com/?p=119#comment-123 Do you waive your right to rescission by not sending it back? Do you waive your right to rescission by not sending it back?

]]> By: Dr. Bombay http://fightthehypo.com/2008/04/07/dram-shop-liability-for-lousy-drinks/#comment-121 Dr. Bombay Tue, 08 Apr 2008 12:42:43 +0000 http://fightthehypo.com/?p=119#comment-121 No argument from me. It's her home town, so I think she sould take the lead in all beverage related disputes. No argument from me. It’s her home town, so I think she sould take the lead in all beverage related disputes.

]]> By: Casebook Sherpa http://fightthehypo.com/2008/04/07/dram-shop-liability-for-lousy-drinks/#comment-120 Casebook Sherpa Tue, 08 Apr 2008 11:59:57 +0000 http://fightthehypo.com/?p=119#comment-120 We now see who wears the pants in this relationship. The Good Doctor frets about whether he had a cause of action and Goody simply says we should have manned up and gotten new drinks. We now see who wears the pants in this relationship. The Good Doctor frets about whether he had a cause of action and Goody simply says we should have manned up and gotten new drinks.

]]> By: Goody Bombay http://fightthehypo.com/2008/04/07/dram-shop-liability-for-lousy-drinks/#comment-119 Goody Bombay Mon, 07 Apr 2008 17:20:38 +0000 http://fightthehypo.com/?p=119#comment-119 While I must admit bias in terms of thinking highly of the good Doctor on a personal level, I feel it important to my sense of duty as a witness to add to the testimony that the drinks were, indeed, dissapointing on several performance points - particularly from a martini bar. Having worked in the food service industry I often find myself unable to voice a complaint, as I recognize the daily variations that occur in such esablishments, and the general harrassment that such staff may face on a daily basis. That said, I realize now, hindsight being 20-20, that we were within our rights to request an adjustment to our cocktails, if not a new version of said cocktails. While I must admit bias in terms of thinking highly of the good Doctor on a personal level, I feel it important to my sense of duty as a witness to add to the testimony that the drinks were, indeed, dissapointing on several performance points - particularly from a martini bar. Having worked in the food service industry I often find myself unable to voice a complaint, as I recognize the daily variations that occur in such esablishments, and the general harrassment that such staff may face on a daily basis. That said, I realize now, hindsight being 20-20, that we were within our rights to request an adjustment to our cocktails, if not a new version of said cocktails.

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