Smart Serve Practice Test · Question
What is the legal implication for a server who negligently serves alcohol to an intoxicated person who then causes harm to themselves or others?
Under the Liquor Licence and Control Act (LLCA) and common law, servers and licensees can be held jointly and severally liable if they negligently serve alcohol
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Question: What is the legal implication for a server who negligently serves alcohol to an intoxicated person who then causes harm to themselves or others?
Answer options: ✅ The server may face civil liability and potentially criminal charges.
- Only the intoxicated person is legally responsible for their actions.
- The establishment licensee will be solely held responsible, not the server.
- There are no legal implications for the server, only a warning from management.
Correct answer: The server may face civil liability and potentially criminal charges.
Explanation: Under the Liquor Licence and Control Act (LLCA) and common law, servers and licensees can be held jointly and severally liable if they negligently serve alcohol to an intoxicated person who then causes harm. This can lead to civil lawsuits for damages and potentially criminal charges in severe cases (e.g., if death or serious injury results from impaired driving). It is not solely the intoxicated person's responsibility, nor solely the licensee's.
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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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