Assignment 1
The” Del Lago Partners, Inc. and Del Lago Partners, L.P., d/b/a Del Lago Golf Resort & Conference Centre, and BMC-The Benchmark Management Co. v. Bradley Smith “ case involves two major parties, Del Lago Partners and Bradley Smith. The case concerns a bar owner who was held with the liability when Bradley Smith was injured in a bar fight involving around twenty to forty drunk customers. The bar ownership was found 51 % liable of the for the injuries incurred on Bradley Smith. The Jury found Del Lago liable for the damages since it had neglected its security duty to intervene during the extended period when the two groups started the confrontation. Justice Johnson found out that Smith knew the situation he was getting himself into, and he had neglected the risks of the situation that he was getting himself into. Justice Hecht ruling was based on section 343A (1) under the law of Tort. Justice Hecht ruled that landowners could not be held liable for a dangerous condition that is well known. Justice Wainwright judgment was based on the negligent activity theory. As a judge in this the Texas Supreme Court, I would have ruled in the ruled in favor of Del Lago, Bradley Smith knew the situation he was getting himself into but he went ahead and became part of a dangerous confrontation which end results were easily predictable.
Assignment 2
Work Cited
"Texas Supreme Court upholds liability against a bar that did not stop a brewing fight [orders of Apr. 2, 2010]." Supreme Court of Texas Blog RSS. N.p., n.d. Web. 8 Apr. 2014. http://www.scotxblog.com/orders/texas-supreme-court-upholds-liability-against-a-bar-that-did-not-stop-a-brewing-fight-orders-of-apr-2-2010
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"Welcome to the Supreme Court of Texas." Welcome to the official site of the Supreme Court of Texas!. N.p., n.d. Web. 8 Apr. 2014. http://www.supreme.courts.state.tx.us/
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"Welcome to the Supreme Court of Texas." Welcome to the official site of the Supreme Court of Texas!. Version 1. Supreme Court of Tezas, n.d. Web. 8 Apr. 2014. http://www.supreme.courts.state.tx.us/
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