Bar Exam (US) Torts: Keiki, a graduate of University of Hawaii Law School, received notice that ...

Question

Keiki, a graduate of University of Hawaii Law School, received notice that she had successfully passed the Hawaii bar exam. To celebrate passing, Keiki went out with a few friends to the Aloha Hut, a popular campus bar. While sitting at the bar, Malihini, Keiki's friend, ordered a round of "Hula Girls" for everyone. A "Hula Girl" is an extremely potent alcoholic drink consisting of two oz. of dry gin, one oz. French vermouth with one tsp. grenadine. After the drink is mixed, it is then served in a glass with an inverted lemon peel that is cut at the ends to represent a grass skirt.

Although Keiki had never heard of a "Hula Girl" before, she was in a festive mood and drank it anyway. A few minutes later, Keiki became very dizzy and attempted to stand up from the bar stool. As she tried to walk to the restroom, she got nauseous and then vomited over Haole, a customer, sitting at a nearby table. Haole was embarrassed and greatly humiliated by the incident.

If Haole asserts a claim against Keiki, the plaintiff will most likely

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    prevail, because Keiki's conduct was extreme and outrageous
  2. B
    Correct Answer
    prevail, because an offensive touching resulted
  3. C
    Correct Answer
    not prevail, because Keiki's actions were involuntary
  4. D
    Correct Answer
    not prevail, because Keiki was unaware what she was drinking
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