Problem
Sam and his friend Lee went to the local fairground Saturday evening to celebrate Octoberfest. They both consumed several beers over the course of the evening. One of the servers at the event suggested that the boys call a taxi at the end of the evening, but Sam insisted on driving home. Lee did not object to Sam driving him home. On the way home Sam collided with a telephone pole. Lee struck the windshield and was injured, in part because he was not wearing his seatbelt.
Having regard to contributory negligence what two hurdles will Lee face in suing Sam for his injuries? Do not concern yourself with any issues involving no fault automobile legislation?