Smart Serve Practice Test · Question
A licensee can face penalties, including fines or suspension of their liquor licence, if their staff serves alcohol to an intoxicated person. This is an example of:
Vicarious liability means that the licensee (employer) is held responsible for the actions of their employees (servers) in the course of their employment. If a
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Question: A licensee can face penalties, including fines or suspension of their liquor licence, if their staff serves alcohol to an intoxicated person. This is an example of:
Answer options: ✅ Vicarious liability.
- Criminal negligence.
- Strict liability.
- Contributory negligence.
Correct answer: Vicarious liability.
Explanation: Vicarious liability means that the licensee (employer) is held responsible for the actions of their employees (servers) in the course of their employment. If a server illegally serves an intoxicated person, the licensee can be held liable. Criminal negligence (Option B) requires a higher degree of fault, and strict liability (Option C) means guilt without fault, which isn't always the case here as due diligence can be a defense. Contributory negligence (Option D) relates to a plaintiff's own contribution to injury.
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- In Ontario, what is the minimum legal drinking age?
- What is considered a 'standard drink' in Ontario for regular beer (5% alcohol)?
- What is considered a 'standard drink' of beer in Ontario for purposes of measuring alcohol intake?
- What is a major indicator that a person may be serving alcohol illegally?
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