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The first is to persuade him to drink even though he knows that the other party can't drink. The second is to forcibly persuade alcohol, such as saying that if you don't drink, you won't give me face. The third is not getting the drinker home safely. The fourth is that drunk driving does not discourage car accidents.
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As far as I know, there are several situations in which the Alcohol Persuasion Association bears legal liability. First, knowing that the other party does not drink, but persuading the other party to drink; second, forcing the other person to drink; third, the other party did not send the other party home after being drunk; Fourth, the other party did not stop when he was drunk driving.
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1. Knowing that the other party is coming by car. Second, when the other party is sure that he can no longer drink, he should also persuade him to drink. 3. Knowing that the other party is sick and cannot drink more. Fourth, the other party has something to do, and they have to leave in a hurry. You excuse yourself and don't let people go.
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These 4 include forcing others to drink and using a variety of coercive language; The second is that as long as the other party cannot drink, but still asks the other party to drink; The third is that after the other party is drunk, he does not send the other person home; Then the fourth is that the other party has drunk driving, and then also caused serious damage.
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Legal Analysis:1compulsive persuasion to drink, saying what "don't drink and look down on me"; 2.Persuading the other party to drink alcohol even though he knows that he cannot drink alcohol; 3.failure to safely escort an intoxicated person; 4.Drunk driving is not discouraged, resulting in damage such as car accidents.
Legal basis: Civil Code of the People's Republic of China
Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, they shall bear tort liability.
Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.
Article 1169:Those who instigate or assist others in committing tortious acts shall bear joint and several liability with the perpetrators.
Those who instigate or assist persons with no or limited capacity for civil conduct to commit tortious acts shall bear tort liability; Where the guardian of a person with no or limited capacity for civil conduct fails to perform his guardianship duties, he shall bear corresponding responsibility.
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The legal responsibility of the person who advises the alcoholic is generally at fault for the occurrence of the accident, and in the following circumstances, it is necessary to bear the liability for damages in accordance with the law:
1. Compulsive persuasion to drink, wise that the other party cannot drink alcohol for physical reasons;
2. Drinking together and failing to send the drunk person safely to their home or other location, resulting in an accident.
1. Determination of liability for death from drinking at a party.
If someone dies while drinking at a party, it is up to the other people who drank together to determine whether they are responsible.
1. In most cases, the drinker who has suffered personal injury should bear the loss.
2. In the event of forced persuasion, malicious persuasion, drunkenness and failure to ensure the safety of the drinker, the co-drinker shall also bear the corresponding liability for compensation.
3. The companion has fulfilled the obligation of reminding, dissuading, notifying the family, taking care of, and escorting, and the companion is not at fault and does not need to be compensated.
2. Who's responsible for working on the construction site and drinking to death?
Working on the construction site, drinking and dying, the person who accompanied the wine was held responsible. Drunk people have an obligation to help each other. If you pour alcohol into her in the process of drinking, the reason for the drunkenness is caused by the person who persuades the alcohol, and after being drunk, she goes to help, and the person who accompanies the alcohol after the drunken death bears the liability for compensation.
Those who persuade alcohol are required to bear legal responsibility in the following situations: 1. Compulsive persuasion; 2. Advise the other party to drink even though he knows that he cannot drink; 3. Failure to escort the drunk person safely; 4. Drunk driving is not discouraged, resulting in car accidents and other damages.
3. Is there any responsibility for drinking and getting into a car accident?
In a drunk driving accident, the person who drank together is responsible. 1. Whether the person who drinks together is liable depends on whether he has advised the deceased to drink; 2. Generally speaking, the person who persuades alcohol will be judged to be at fault in the following circumstances: compulsive persuasion, persuading the other party to drink even though he knows that the other party cannot drink, failing to escort the drunk person home safely while knowing that the other party is drunk, and failing to dissuade drunk driving, resulting in car accidents and other damages; 3. If there is a causal relationship between the above wrongful acts and death, you need to bear the liability for compensation; 4. The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment, and the income reduced due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
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Forcing people to drink, persuading people who can't drink to drink, failing to return drunk people safely, and failing to stop people who drink alcohol from driving are all legally responsible.
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One is that this is a compulsive persuasion to drink, what to say"Don't drink and look down on me. "The second is to persuade the other party to drink even though he knows that he cannot drink. The third situation is when the drunk person is not safely escorted.
The fourth situation is that drunk driving is not discouraged, resulting in damage such as a car accident. These four situations require legal liability.
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As far as I know, there are the following four types of persuasion that require legal responsibility: first, forced persuasion, the other party does not drink and insists that the other party drink; second, let the other party drink knowing that the other party does not drink; third, the other party was drunk, but did not play the escort duty; Fourth, it did not play a supervisory role, resulting in drunk driving.
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1. First of all, it is compulsive persuasion.
2. Secondly, it is to persuade the other party to drink even though he knows that he cannot drink.
3. Failure to safely escort a drunk person.
4. Finally, drunk driving is not discouraged, resulting in car accidents and other damages.
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compulsive persuasion to drink, saying what "don't drink and look down on me"; Persuading the other party to drink alcohol even though he knows that he cannot drink alcohol; failure to safely escort an intoxicated person; Drunk driving is not discouraged, resulting in damage such as car accidents.
There are no specific rules for the determination of liability for the specific proportion of liability for the accident after the occurrence of an accident. However, in accordance with basic legal principles and practical experience, the general rules for determining responsibility for such accidents are summarized as follows:
1.Where only the person who is persuaded to drink but does not force the person to drink, the person who is injured after drinking bears primary responsibility, and the person who is at fault bears secondary responsibility.
2.Where others are intentionally drunk, the person who is forced to bear primary responsibility is to be compelled to bear primary responsibility, and the person who has drunk excessively is to bear secondary responsibility.
3.If you know that the other person is sick and cannot drink alcohol, but you repeatedly persuade the person to drink, and the fault of the person who advises the alcohol deepens, you may have to bear the same responsibility.
4.If the drinker fails to fulfill the corresponding duty of care after being drunk, the drinker only needs to bear secondary responsibility.
The origin of the custom of persuading guests to drink is "Wen Jing", which is a manifestation of traditional wine morality, that is, to persuade guests to drink in a polite and courteous manner.
At the beginning of the banquet, the host often begins the first toast after a few words. At this time, both the guest and the host should stand up, and the host first drank the wine in the glass, and put the empty glass downward, indicating that he had finished drinking, as a sign of respect for the guest. Guests generally finish it too.
During the banquet, the host often goes to each table to toast.
"Mutual respect": This is a "toast" between guests and guests, in order to make the other person drink more, the toaster will find various reasons for drinking, and if the toaster cannot find a reason to refute it, he must drink. While both sides search for arguments, the exchange of feelings between people is sublimated.
"Substitute drinking": a way to avoid toasting without losing grace and not disappointing the guests and hosts. If you don't drink alcohol, or if you drink too much, but the host or guest has to pay respect, you can ask someone to drink on your behalf.
The person who drinks on behalf of him generally has a special relationship with him. At weddings, the best men and bridesmaids of the man and woman are often the first choice for drinking, so the amount of alcohol must be large.
"Penalty wine": This is a unique way for Chinese to "toast". The reasons for "punishing alcohol" are also varied. The most common possibility is the "three glasses of wine" penalty for latecomers. Sometimes it's a bit of a joke.
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These ways of persuasion are the following four types, one is to force others to drink, the second is to force others to drink even though they know that the other party cannot drink, the third is not to send the drunk home safely, the fourth is to drink and drive without preventing the accident, and the above four are to bear legal responsibility.
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In view of the fact that your appeal says that you don't want something to happen, but you have to let the girl's father know about it, their parents have guardianship, in order to prevent the accident from happening, please take precautions first, instead of saying whether you are responsible afterwards, live in your house in a moral sense, you are a boy, she is still underage, you are more sensible than her, and you have the obligation to take care of and protect it, so you should let their parents know, and I believe you don't want an accident either. Suppose that after an accident, it can be said that you will not be held legally responsible, but what about social morality? In good conscience, ?..The parties above please take care of this matter properly!!
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