So Mrs. Bombay and I were at a wedding this weekend in Philadelphia, and stopped off for a drink with some friends for a drink. The selected venue was an establishment called The Continental, which holds itself out to be a martini bar. I sat down and ordered a pair of “Dirty Goose Martini’s, Straight Up.” What I should have received was a Grey Goose Vodka martini, made with olive brine instead of dry vermouth. What I got was a warm glass of vodka, sans brine, which cost me $12. In thinking about it since, I’ve convinced myself that the problem was one of construction. The glass was not chilled prior to pouring in the contents of the shaker, which doomed it.
Now I know some of you are going to think it cowardly for me to slam this restaurant anonymously after the fact, or wondering why I just didn’t send the drink back. I think the answer is that I’m a coward who likes to stew about things. But I’ve also been fascinated by the notion of the drink order as an implied contract, and remedies available to me for a violation thereof.
Continue reading ‘Dram Shop Liability (for Lousy Drinks)’
I was going to call this the “Friday Fight The Hypo Award” but who has time to award something every week?
So our first official and illustrious “Every Now and Then Award For Fighting the Hypo” goes to, Mommy on the Floor.
She writes:
I was on call for Torts. The professor kept asking if I had a duty of care in certain situations. If I am a homeowner, do I need to try and rescue a trespasser who has fallen in quicksand? What about a bear trap? I wasn’t really sure so I was hemming and hawing. A few weeks ago, he had talked about sea captains and how they have a duty of care to the crew because he is pretty much the only one who can rescue them. Apparently, this is analogous to being a homeowner. He said, you have a duty of care because its like you are a sea captain.
So I am typing along and my friend who sits next to me starts to laugh. She points at my screen. I had written,
“If someone gets caught in a bear trap, you have to help them because you are the sea captain.”
When will this stop being funny? It just made me realize how ridiculous these hypos are. Am I going to be defending sea captains? Are we plagued with bears and everyone is running out and planting traps?
But I promise you, if you fall into quick sand on my property, I will help you. I have too, because I am the sea captain. Aye Matey!
Fight on, Mommy. Fight on!
(H/T to Divine Angst for the heads up on this post; check out the law school roundup that she and Evan Schaeffer put together each week)
So here’s your hypo for today. If you could record a mix tape (or a “CD” for you hipsters out there) of the best music ever, what would you put on it?
Here’s what would have to be on mine, in no particular order:
- “Born In the U.S.A.” by Bruce Springsteen
- “Blister In The Sun” by Violent Femmes
- “We’re Not Gonna Take It” by Twisted Sister
- “And We Danced” by The Hooters
- “We Got The Jazz” by Tribe Called Quest
- “Even Flow” by Pearl Jam
- “9-1-1 Is A Joke” by Public Enemy
- “Don’t Stop Believin” by Journey
- “Meant To Live” by Switchfoot
- “Cantaloupe Island” by Herbie Hancock
- Multiple U2 songs
What’s on yours? Keep in mind that the RIAA might sue you for doing it… so make it good!
Here’s a hypo right out of a Civil Procedure exam (and inspired by this excellent discussion):
What if Roger Clemens sued George Mitchell over the steroids report?
The facts (as I understand them):
Major League Baseball contracted with Former Maine Senator to investigate the use and abuse of steroids by baseball players. He was given the full blessing of the league and his contract included an indemnification clause shielding him (to an as-yet-unknown extent) from liability.
The 400-page report delivered by Senator Mitchell included many copies of checks and press reports detailing the use of steroids. It named some 80 players as having used performance enhancing drugs over the last decade, including likely Hall of Fame pitcher Roger Clemens. Senator Mitchell has suggested publicly that he is certain use runs much higher.
His report also relied in large part on the testimony of two men. One source is Kirk Radomski, a former Mets clubhouse attendant. Radomski has struck a deal with federal prosecutors in exchange for his cooperation in their investigation of the drug use. Brian McNamee is a former trainer who claims to have personally administered steroids to Roger Clemens and who is also cooperating with federal investigators.
If Clemens were to sue, who would he sue? To what extent can he access the testimony of Radomski and McNamee? Can he get at the records of Mitchell and his investigation team? What other issues must Clemens consider in deciding whether to file a lawsuit?
