Shoreline Community College Wk 4 Applicable Law or Legal Rule Discussion
Support your answers with appropriate legal analysis. When stating a legal rule, you must actually state it. Saying “the rule is in chapter 10 of the book” or “employment law” is not stating the rule, and will not be awarded any credit. Pay particular attention to the call of the question: answer what is specifically asked. Some questions specifically prohibit discussion of assumed facts or direct responses only to a specific rule of law. Responses that are unresponsive to the specific call of the question will, to the extent applicable, be given zero credit and will waste your valuable time. Andy (A) and Barry (B) have been friends since early high school age and are now roommates while attending the public, state operated State University (SU). Several times each week they go on an extended bike ride together, starting with pre-ride coffee, and a refueling of lunch at the dorm cafeteria after the ride. Other students and SU personnel often join them A&B are both avid readers, and both collect books from their favorite authors. They attend book signings, lectures, and post ride discussions often turn to chatting about their latest book findings.
A&B maintain a small “little library” shelf at their dorm where they trade and share books with others for free. A&B have often discussed business futures in book editing, production, distribution, and sales.
A&B know that future business activities involve business and personal risks, and know they must seek the advice of an attorney before acting on their plans.
ADDITIONAL FACTS FOR THIS ASSESSMENT ONLY:
In an effort to attract more users and participants to the little library and their weekly bike rides, Andy and Barry (A&B) plan to promote Saturday afternoon group bike rides to tour the residential and commercial areas around SU. A&B have found the locations of other shared libraries in residential areas (homeowners with small cabinets on a post in their front yards to share and donate books) as well as retail used bookstores nearby. A&B have mapped these locations, and they bring backpacks with books to share and trade as they go for long rides together.
To attract others, A&B have printed maps they’ve drawn themselves and place them in their library. “Join us each Saturday for a book tour ride starting here at 8am. Here’s the route we will take and the stops along the way.” The map includes the libraries and shops along the way, ending at their favorite coffee shop near the dorm.
A&B have taken this ride many times, and know that along the way are many very steep hills, and areas of bad pavement. There are also several known areas of traffic congestion that A&B know to require extra care when riding because of their hazards to cyclists and pedestrians. A&B have taken this route many times, and each of them is an experienced, skilled urban cyclist.
Darla (D) sees the flyer in the library, and plan to join. D has received a new, expensive road bike from her wealthy parents as a present for getting high grades last semester. D is new to biking, but is an avid book-worm and enjoys the social aspects of reading, sharing, and collecting books.
On the morning of their first ride with A&B, D arrives with her new bike, and little else. She carries a large backpack for her book finds, and is wearing beach flip-flops, shorts, and a t-shirt, but has no helmet (required by local ordinance) or other protective cycling gear. She has a map in hand ready for the adventure ahead. Others arrive as well, and all but D wear rain gear for the forecast spring showers. Promptly at 8am the group sets off.
A short way into the ride, the group stops at a used bookstore that D has never been to. She loads up many books into her backpack, and they set off again on course. Rain has started while they were in the store. Not far from the first stop, the group encounters a steep hill that D was unprepared for and that is marked on the map by A&B as “steep – watch out at the bottom!”
D speeds down that first hill with the weight of her books on her back, unfamiliar with the physics of the situation and ends up going much faster than she anticipated or has ever ridden on a bike before.
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form Ch 9 DQ: Palsgraf v Long Island Ry. Co Text: Kubasek, Browne, Dhooge, Herron, Barkacs, and Williamson, Dynamic Business Law, 4th Edition, McGraw-Hil