Re: [RC] [RC] Kids, ponies and distance riding... Get a grip people - Truman Prevatt
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
Sisu West Ranch wrote:
"...Last time I checked, the horse carries the child--the
child does not carry
the horse. It would seem obvious (at least to me!) that that makes for
a
considerable difference betweeen age rules regarding the horse and age
rules regarding the child...."
Relating to my previous post, protection of the horse is part of the
stated purpose of the AERC. If anyone wishes to make protection of
children (in any particular place or situation) part of the charter of
the AERC, that is fine. All they have to do is change the charter and
bylaws to reflect the new emphasis. A good place to start would be for
those people to run for office with that as one of their campain
issues.
Ed
Ed & Wendy Hauser
2994 Mittower Road
Victor, MT 59875
-- “Fragile as reason is and limited as law is as the
institutionalised
medium of reason, that's all we have between us and the t
“Fragile as reason is and limited as law is as the
institutionalised medium of reason, that's all we have between us and
the
tyranny of mere will and the cruelty of unbridled, undisciplined
feelings.” Felix Frankfurter
