San Diego Law Review


Don Hall

Library of Congress Authority File


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This Comment discusses the California legislature's recent bill which overrules two California Supreme Court decisions and exempts commercial vendors from liability to any third party injured by an intoxicated person who was served alcoholic by the commercial vendor while obviously intoxicated. The Comment begins by discussing the common law rule that the California law follows. Next, the Comment examines developments surrounding the rule and several policy considerations. The Comment then argues that the legislature has made a mistake because vendors can spread losses among the buying public by raising prices. The Comment concludes by exploring alternative theories of liability such as exceptions to the common law rule and calls upon California's next legislative assembly to repeal the law and reestablish commercial vendor liability.

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