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Politics : Sharks in the Septic Tank -- Ignore unavailable to you. Want to Upgrade?


To: epicure who wrote (54298)8/9/2002 10:05:35 AM
From: Lane3  Read Replies (1) | Respond to of 82486
 
What happened does not seem to me to have been foreseeable.

I disagree with you about foreseeability. I think that letting anyone drive drunk can be assumed too likely to have a negative outcome and he was, rightly or wrongly, put into a position of responsibility for that not happening. I do not know enough about the case to know if the driver was sufficiently recovered from his drinking to drive when he was handed the keys or not. I understand that he did some further drinking. So that muddies the responsibility part and the liability part, both.



To: epicure who wrote (54298)8/9/2002 8:56:07 PM
From: The Philosopher  Respond to of 82486
 
Well, if the police had released the man to Powell, it might depend on the terms of the release -- was Powell obligated to deliver him safely home?

I agree, if it were just a friend you picked up and dropped off, liability seems too great a stretch. But if there was some fiduciary duty breached because Powell had accepted an obligation he didn't fulfill, that might change things in my mind.

The story wasn't clear.