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ProServe Practice Test · Question

What role does the 'Good Faith' defence play for a server who mistakenly serves a minor?

In Alberta, a 'good faith' defence may be considered if a server can demonstrate they diligently checked identification, acted reasonably, and genuinely believe

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Question: What role does the 'Good Faith' defence play for a server who mistakenly serves a minor?

Answer options:

  • It completely exempts the server from any liability if they state they acted in good faith. ✅ It means the server diligently checked ID and reasonably believed the minor was of legal age, which may reduce penalties.
  • It only applies if the minor used a sophisticated fake ID that was impossible to distinguish from a real one.
  • It protects the licensee from liability, not the individual server.

Correct answer: It means the server diligently checked ID and reasonably believed the minor was of legal age, which may reduce penalties.

Explanation: In Alberta, a 'good faith' defence may be considered if a server can demonstrate they diligently checked identification, acted reasonably, and genuinely believed the individual was of legal age based on what was presented. This doesn't mean complete exemption from liability, but it can be a mitigating factor in determining penalties. The defence emphasizes the server's due diligence, not merely their 'statement' or only applying to 'impossible' fakes. It can apply to both server and licensee.

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