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MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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Can you consent to a minors consumption of alcohol if you are

Resolved Question:

Can you consent to a minors consumption of alcohol if you are already intoxicated in your own home?
Submitted: 1 year ago.
Category: Legal
Expert:  MShore replied 1 year ago.
Thank you for the post, I am happy to assist you by answering your questions. It depends on the level of intoxication of the homeowner, was the homeowner coherent or was he/she in such a diminished capacity that he/she could not understand or appreciate what was going on?
Customer: replied 1 year ago.
The homeowner was in a diminished capacity.
Expert:  MShore replied 1 year ago.
Thank you, XXXXX XXXXX he/she could not consent, but could be held liable nonetheless for the minor's consumption of damages were suffered as a result. I want to make sure this answers your question. Please let me know if this does not answer your questions or if you have any follow up questions. If I have answered your questions, please positively rate my answers. Please let me know if you have any follow up questions.
Customer: replied 1 year ago.
I just wanted to make sure that my defense is correct. There is a case pending where a friend of mine was drinking at a party. He got a ride from a minor who was also drinking. She took him to his house. She came inside the house. He fixed himself a drink and made another because he spilled the first. The minor took the second drink he made so he made himself another so that he could continue drinking. Is consent his proper defense?
Expert:  MShore replied 1 year ago.
Thank you, XXXXX XXXXX friend arguing that he could not consent to sex with the minor?
Customer: replied 1 year ago.
He is arguing that he could not consent to furnishing her alcohol
Expert:  MShore replied 1 year ago.
Thank you, XXXXX XXXXX be his strongest argument, but it is dubious in a sense because he placed himself in a position of diminished capacity and while he therefore could not have formed the consent for her to consume, he was negligent in that he drank to the point of not being coherent in the presence of a minor when alcohol was available for the minor's consumption. Does this make sense?
Customer: replied 1 year ago.
Yes, thank you. Is there no other point of an argument he could make? If not, thank you for your help.
Expert:  MShore replied 1 year ago.
Not really, in this situation he put himself in he position of diminished capacity.
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
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