Quote:Is it law that everybody has to care for the welfare others?
Actually there is a fundamental presumption of a basic level of duty of care that has been around for a long time, I think as long as the concept of common law. However, in this, there is a significant extra duty of care associated with the licence to sell intoxicating drugs to the public for immediate consumption and for recreational purposes.
Quote:Don't be fooled by the imagined intent of these types of laws, the real intent is to sap every ounce of free judgement from the masses.
Whatever the court decides, the guy is still dead. Being able to sue someone doesn't make it hurt any less. Furthermore the widow suffered a genuine loss through no fault of her own due to the negligence of the pub owner.
Quote:Personal responsibility should protect us from doing silly things, not duty of care of others.
What's the difference?
Quote:Pisshead rights himself off and everyone else is to blame and shell out for his loss to the gene pool. Hoo-bloody-ray!!
No, the person who profited from his intoxication, who had certain obligations under their licence to profit from his intoxication, and who handed control of a vehicle to a drunk has to shell out. It is nothing to do with you.
Quote:He handed over his keys initially because he was concerned about being booked it seems, not for his own or anyone elses safety it seems.
Now you're just making stuff up. Handing your keys to the publican is a good idea.
Quote:If this is an accepted legal onus of Duty of Care then it is simple to rig up a meter box. The keys are placed inside and if the accepted limit is blown, a reciept pops out, it is signed, and the keys are handed over. There are still ways around it but at least a standard has been met.
So basically it does the same thing but costs a fortune? What makes you think adding an expensive machine to the equation is going to stop people doing stupid poo?
Quote:Suppose one of my customers whom I get drunk gives me his keys one night because he is drinking and has his motorcycle there AND cops are around.
Then later on he is drunk and slurredly asks me for his keys back.
I should say no.
That's what the law means.
That would be the right thing to do. Although I wouldn't put a mate in that position, as he is likely to be drunk too. I actually tried to take the keys of a drunk mate one night. I wasn't successful, but he made it home anyway.