HRM 1133 Final Review-Exam checklistLectures 26-31Read Chapter 4 of the text on Food liability issues. Read Chapter 5 of the text on Liquor law-there may be 2-4 questions on chapter materials not covered in lecture Study the italicized terms in all relevant chapters Mo laws- Common Sense Consumption Act Donated foods Cases Webster v Blue Ship Tea room Jack in the Box praised for their response after, admitted to it Kilmer v Mun pizzaria- Dram shop lawso History and evolution of law Civil liability placed on seller of alcohol beverages for problems arising from the sale and consumption of alcohol  Also called Third party liability, because the innocent victim is looking for someone with a deep pocket—the bar has insurance and money (3rd party is indirectly responsible o What was the common law rule?  Used to be able to sue bar if someone got too drunk and hurt someone else o What was the initial Missouri law?  Could only sue a liquor by a drink license holder Limited dram shop liability o What procedural requirements? Plaintiff has to prove that there was prior criminal conviction - Who plaintiff, defendant, burden of proof under old and new law?- Kilmer v Mun and Stefanina’s caseo Mun was charged with manslaughter for killing one of the Kilmer’s familymemberso Kilmer’s attorney appealed dismissal of the case - Alcohol related traffic offenses—level of intoxicationo How punished DWIo Adverse consequences 1) Criminal charge= violates state or local law (fine or jail) 2) Administrative= can take driver’s license away o Number of chemical tests Breath, blood, urine, saliva  Can be asked to take two total o Implied consent law You agree to furnish a breath sample to a police officer any time they ask, if the officer has probable cause of asking you o Open container law MO= driver cannot have open container, passenger of age can legally drink, punishment is an infraction Columbia= two open container laws; 1) just like state law, 2) applies to pedestrians—city streets, city sidewalks, and city parking lots are not allowed to have open containers; punishment—misdemeanor - Social host liabilityo No civil liability for dram shop in MOo Can have criminal liability in MO and most states if they are providing or allowing consumption by minors - Public Intoxicationo MO= prohibited from a court house, school, churcho Texas= any public building or private business (can even be charged if drunk in a Texas hotel bar)- Minor in possessiono In possession of alcohol, attempt to purchase alcohol, in possession of fake ID can be intent to buy alcohol, alcohol is within easy reach of a minor - Liquor licensing-Standards, What level of Government? Roles of different layers of governmento What regulated?- Prohibition-Volstead act-18th and 21st amendment- Copyright law—music in restaurants and barso Copyrights-infringement-role= occurs if you have someone who steals someone’s copyright o Alternatives= jute box (someone has paid licensing fees), radio/TV music- Trademark law—business nameso Trademark= distinguishes one trademark from anothero Trademark infringement= taking another businesses trademark - Food claims----Theories of liability—Reasonable expectation and Foreign Naturaltesto Theories of liability impacts who can be sued, the damagers available, statues of limitation, etc. Tort Theories:- Negligence- Negligence per se- Strict liability- Emotional distress - Alternate theories—Warranty (foreign/natural and reasonable expectation) privity of contract, Products liability- Agency who handles food poisoning statisticso Federal agency: US Center for Disease control (“Outbreak”)- Tort reform-Obesity litigation-Commonsense Food Consumption Act- Donated foodo Bill Emerson act - HAACP programso Involves identifying the critical control pointso Look for hazardous problems and modifying them- Clery