Define That Term #192

Tuesday's term was cy pres doctrine, which is defined as:

n. (see-pray doctrine) from French, meaning "as close as possible." When a gift is made by will or trust (usually for charitable or educational purposes), and the named recipient of the gift does not exist, has dissolved or no longer conducts the activity for which the gift is made, then the estate or trustee must make the gift to an organization which comes closest to fulfilling the purpose of the gift. Sometimes this results in heated court disputes in which a judge must determine the appropriate substitute to receive the gift. Example: dozens of local Societies for Protection of Cruelty to Animals contested for a gift which was made without designating which chapter would receive the benefits. The judge wisely divided up the money among several S.P.C.A. chapters.

No substantive guesses were offered this time around.

Today's term is:

dram shop rule.

As always, educated guesses are welcome--but no dictionaries, please.

Comments

[NY Law Guy]

The dram shop rule (or act) imposes strict liability upon an entity (can be a business who sells or a social host who gives) alcoholic beverages to a person who appears intox. The strict liability is to anybody harmed by the drunk person. Some states have really extended this liability. For instance Texas laws which prohibit selling booze to minors also impose dram shop liability on the seller for just about any stupid thing the drunk kid does to himself! On the other hand, California law prohibits the imposition of dram shop liability. This doesn't mean the bar can't be sued - it just means the P's lawyer has to prove that the provider of said booze was in fact a cause of the harm.