Smart Serve Practice Test · Question
Which of the following scenarios is LEAST likely to result in a server being held civilly liable for damages under the Occupiers' Liability Act or common law?
Civil liability most often arises when a server serves alcohol to an intoxicated person who then causes harm to themselves or others. Refusing service to a cust
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Question: Which of the following scenarios is LEAST likely to result in a server being held civilly liable for damages under the Occupiers' Liability Act or common law?
Answer options:
- Serving an obviously intoxicated customer who then stumbles and falls, injuring themselves on the premises.
- Serving an intoxicated customer who subsequently drives home and causes a car accident. ✅ Refusing service to a customer who then leaves the premises and safely walks home.
- Serving a group of minors who become intoxicated and cause property damage outside the establishment.
Correct answer: Refusing service to a customer who then leaves the premises and safely walks home.
Explanation: Civil liability most often arises when a server serves alcohol to an intoxicated person who then causes harm to themselves or others. Refusing service to a customer who then leaves safely (C) is a responsible action and is the least likely scenario to result in civil liability, as the server has fulfilled their duty of care. Options A, B, and D all involve serving alcohol to intoxicated individuals or minors, leading to harm, and thus carry significant civil liability risks for the server and licensee.
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Question explanations
- 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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