Tommy was a partner in a law firm. One day, at approximately 4:30 p.m., Tommy went to a restaurant-cocktail establishment in Charlotte, NC. From that time until about 1:00 a.m., he drank considerable alcohol while socializing and discussing personal and firm-related business. After 11:00 p.m., Tommy did not discuss firm business but continued to socialize and drink until approximately 1:45 a.m., when he and Fred, another bar patron,exchanged words. Shortly thereafter, the two encountered each other outside, and after another exchange,Tommy shot Fred. Fred sued Tommy and the law firm for damages. Who is liable?