Zeta Chi (Defendant), a college fraternity, was convicted, following trial in the Superior Court, Strafford County, of selling alcohol to a person under the age of 21, and of prostitution. Defendant appealed. The Supreme Court affirmed the convictions.

Facts

Zeta Chi, a New Hampshire corporation and fraternity at the University of New Hampshire in Durham, held a “rush” at its fraternity house to attract new members. In order to encourage people to attend the rush, Zeta Chi hired two female strippers to perform at the event. Fraternity brothers encouraged guests to give the strippers dollar bills so that they would continue to perform. The brothers also told guests that the more money the strippers were given, the more that they would do. One of the members of the fraternity was providing change for larger bills.......

1. State the elements of vicarious liability according to New Hampshire law.

2. List all the facts relevant to deciding whether Zeta Chi, through its officers, was acting within its authority in each of the crimes.

3. Summarize the court’s arguments upholding the trial court’s conviction in each of the offenses.

4. In your opinion, was Zeta Chi guilty of selling alcohol to a minor? Of prostitution? Back up your answer with facts and arguments from the court’s opinion.