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New Look Club, Inc., operates a tavern in Indiana. In April 2010, Mary Smith and other minors gained admission by misrepresenting themselves to be at least twenty-one years old. According to the club’s representatives, the minors used false driver’s licenses, “fraudulent transfer of a stamp used to gain admission by another patron or other means of false identification.” To gain access, the minors also signed affidavits falsely attesting to the fact that they were aged twenty-one or older. When the state filed criminal charges against the club, the club filed a suit in an Indiana state court against Smith and more than two hundred others, charging that they had misrepresented their ages and seeking damages of $3,000 each. The minors filed a motion to dismiss the complaint.
Should the court grant the motion?
What are the competing policy interests in this case?
If the club was not careful in checking minors’ identification, should it be allowed to recover?
If the club reasonably relied on the minors’ represrepresentations, should the minors be allowed to avoid liability? Discuss.
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