Endurance.Net Ridecamp Archives

Truman Wrote:

> Under the law the primary responsibility of a BOD member is a fiduciary responsibility to the 
> corporation. If the liability risk was such that the AERC could be found "negligent" and as a 
> result could be held liable in the case of a small child being hurt as a result of an endurance
> ride and put the corporation at risk - the BOD's fiduciary responsibility to the corporation 
> would require a them to take steps to mitigate this risk.? The mitigation of potential harmful 
> risk to the corporation is the responsibility of all board members of any incorporated entity - 
> independent of its purpose.
>
> The question gets right back to how would such an incident be viewed by a "jury of peers" 
> as to the risk to the AERC and the responsibility of the BOD to deal with the risk.
> 
> Truman


... and thus the reason why the AERC should leave *total* responsibility 
where it belongs... with the *Parent*.   

Kathy Myers
in Santa Fe, NM