Hernandez V. Arizona Board Of Regents Case Brief

Leonel Torres (Group #1)
BUS3 80
09/08/14
Case Brief
Case Name: Hernandez v. Arizona Board of Regents, 172 Ariz. 244; 866 P.2d 1330; 1994Ariz. LEXIS 6 Arizona Supreme Court, 1994.
Facts: A fraternity from the University of Arizona gained new members to their organization, on August 27, 1988. The fraternity was accustomed to serving alcoholic beverages to those members who help fund the drinks. A member from the fraternity who was over the age of twenty-one collected as well as held onto the liquor money making sure non-contributing members did not drink at parties. The head officers of the fraternity had personal information on all members and were aware of each individual’s ages. A majority of the members were under the legal drinking age of twenty-one. Despite this fact, all members, regardless of age, could contribute to the fund. Contribution to the fund was the sole criterion to drink during the parties. The fraternity did not check neither members nor non-members for proof of age to attend the party and the parties were usually attended by several hundred people. John Rayner, a contributing member of the fraternity who was under the legal drinking age attended and drank

The court used (Pratt V. Daly, 55 Ariz. 535, 104 P2d 147) as a precedent in which the court held that there is a duty not to provide liquor to a person known to have subnormal ability to control their actions. The similarity comes from the defendants from both the Pratt v. Daly case and the Hernandez v. Arizona Board of Regents, both the defendants from each case argued there was no precedent for such a decision and no common law to sustain the action and that the court would be legislating if it allowed the claim to continue. The difference in the Hernandez case is that their was a minor involved who was given alcohol despite knowing and having data on the minor age and