· 10/23/1944
In re the Accounting of McClancy
Citations
- 268 A.D. 876
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that there are three “essential factors to be considered” in determining “if a private right of action may fairly be implied”
- finding that the plaintiff, a minor, was part of the class whose particular benefit a statute criminalizing the provision of alcoholic beverages to “those under legal purchase age” was enacted because she was “clearly within this category”
- refusing “to recognize a common-law cause of action against providers of alcoholic beverages in favor of persons injured as a result of their own voluntary intoxication”
- It would be incompatible with the enforcement mechanism chosen by the Legislature to judicially create an action where legislation has not previously addressed it.
- party injured by his own voluntary consumption of liquor did not have cause of action against provider of alcohol
- A common-law cause of action will not be recognized against providers of alcoholic beverages in favor of persons injured as a result of their own voluntary intoxication.
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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