Moral responsibility vs. Legal responsibility

Bluebird bar Case. Around 5 p.m. one evening, a man and his wife entered the Bluebird Bar. The man, Jack, ordered a whiskey for himself and a cola for his wife, Gail. Jack continued to order the same drinks about every half hour.

At 11 pm., the bar owner refused to serve Jack any more drinks because Jack was extremely intoxicated and bothersome to other customers. Gail was used to Jack's behavior and didn't ask her husband to stop drinking.

"Are you driving home or should I call a taxi?" the bar owner asked Gail. Jack shouted, "Get out of my face!" I'm driving home and neither of you can stop me!" Jack then shoved the owner aside and walked out the door. The owner just shrugged his shoulders and walked off. Gail went to the pay phone in the corner to call her sister for a ride.

As Jack left the bar, a man walking by the bar shouted to him, "Hey buddy, call a taxi!" When Jack drove off, the man simply shook his heard and walked down the street.

Meanwhile, Jane and Carl were having a lover's quarrel in the next corner of the bar.

The quarrel soon escalated into a major fight and Carl struck Jane saying, "Don't ever tell me not to touch you again. I'll show you who's boss here!" At the point, Jane, crying hysterically and paying no attention at all to the traffic, ran into the street directly in front of Jack's car. Jack was not able to stop in time, and Jane was killed instantly.

Discussion Questions:

1. In your personal opinion, who is at fault here (or most at fault)?

2. According to the law, who is at fault? The law says the following:

Every person who is injured in person or property by any intoxicated person has a right of action for all damages actually sustained, severally or jointly, against any licensee or permitee who sold and served any beer, wine, or intoxicating liquor to the intoxicated person when the licensee or permitee knew or should have known the person was intoxicated. (Iowa Code § 123.92 Civil liability for sale and service of beer, wine, or intoxicating liquor).

3. Who should bear the moral responsibility?

4. How is moral and legal responsibility different? Which do you prefer?