Plaintiff was nineteen and a student at a university. He was a member of a fraternity and lived in the fraternity house. The fraternity sponsored a mixer at its house and served alcoholic beverages to all guests regardless of age. (The lawful drinking age was twenty-one.) Plaintiff, was known to have maintained his own supply of liquor at the house. Plaintiff was observed drinking continuously all evening. During the early morning hours, he sat at the bar and consumed large amounts of whiskey with a fraternity brother, matching him drink for drink, and then plaintiff passed out. Several of his fraternity brothers then took him up to the television room, put him on the floor, placed a pillow under his head, pulled a blanket over him, and left him to "sleep it off." The next morning, at about 10 A.M. they tried to wake him up, but he did not respond. He was then taken to a local hospital, where he died. The autopsy showed his blood-alcohol content was .43 percent and the cause of death was acute alcohol intoxication. What tort did his family use to sue the fraternity? Identify arguments both for plaintiff as well as for defendant before reaching your conclusion.

1. Highlight the pertinent facts;

2. Identify the issue of law posed by the case problem;

3. What should be the decision in the case?

4. The reasoning for such decision.