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Business Law Essay

1734 words - 7 pages

Homework:
1. Case Brief

Case Brief: Lumpkin v. Mellow Mushroom

Case Name, Citation & Court:

Lumpkin, et al. v. Mellow Mushroom, et al, 256 Ga. App. 83, 567 S.E.2d 728 Court of Appeals of Georgia No. A02A0359, Decided June 24, 2002

Parties & Procedural History:

Trial Court level: Plaintiff Lumpkin sues Defendant Mellow Mushroom. Defendant filed summary judgment motion, and court granted judgment in favor of Defendant.

Facts:

Eighteen-year old Christian Lumpkin died from injuries he sustained when he fell out of a Jeep driven by his friend, Seth Calloway. Mellow Mushroom was known among Christian’s peers as an establishment that served beer to underage patrons. ...view middle of the document...

Defendant’s Argument: The statutory language clearly reflects a legislative intent to limit the exception to those cases in which the underaged person causes an injury while driving. Here, the undisputed evidence shows that Christian was not driving when he fell out of the Jeep, and it is undisputed that the exception does not apply.

Rule (of Law that answers the Issue in this case):

A person who willfully, knowingly, and unlawfully sells, furnishes, or serves alcoholic beverages to a person who is not of lawful drinking age, knowing that such person will soon be driving a motor vehicle may become liable for injury or damage caused by or resulting from the intoxication of such minor when the sale, furnishing or serving is the proximate cause of the such injury or damage.

When the law requires a person to perform an act for the benefit of another or to refrain from doing an act which may injure another, although no cause of action is given in express terms, the injured party may recover for the breach of such legal duty if he suffers damage thereby.

Analysis (Court’s Reasoning Process):

O.C.G.A. § 51-1-6 does not establish a cause of action based on the violation of O.C.G.A. § 3-3-23. Notwithstanding Mellow Mushroom’s breach of a statutory duty, the legislature has declared that the breach of that duty was not a proximate cause of Christian’s death. Id. Accordingly, the Lumpkins were unable to establish an essential element of their claim, and the trial court properly granted Mellow Mushroom’s motion for summary judgment.

Conclusion:

Judgment affirmed

Homework:
2. Chapter-end Questions

Chapter 1
1.3. Legal Systems. What are the key differences between a common law system and a civil law system? Why do some countries have common law systems and others have civil law systems?

• The common law system is the body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature.
• The civil law system is derived from that of the Roman Empire and based on a code rather than case law; the predominant system of law in the nations of continental Europe and the nations that were once their colonies.
Some countries have common law systems, because they developed a long history of common law. Other newly formed democracies had no tradition of court decisions on which to base common law, so they had to codify everything.

1.5 Philosophy of Law. After World War II ended in 1945, an international tribunal of judges convened at Nuremberg, Germany. The judges convicted several Nazi war criminals of “crimes against humanity.” Assuming that the Nazis who were convicted had not disobeyed any law of their country and had merely been following their government’s (Hitler’s) orders, what law had they violated? Explain.

From reading the first two chapters I would have to say the Nazis had violated international...

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