his Assessment uses a common set of facts and they appear below.

Each weekly assessment has the same point value. Answer the question yourself with your own understanding of the law from our studies this term and do not rely on the Internet to cut and paste an answer from other sources. Cutting and pasting from any other source without attribution is a form of plagiarism and academic dishonesty, subject to discipline as described in the syllabus.

Answers relating to the coursework, text, and in-class discussions will score highest; supposition, personal opinions, and “winging it” will not be awarded credit. Jotting down random buzz words and phrases from the textbook in an attempt to get something to stick and earn points is not analysis, and will not be awarded credit. Concluding only that someone should “consult with an attorney” is similarly inappropriate, since this is broad advice anyone who has taken this class could write, and it is generally and well understood. Responses based on external sources similarly do not score well, even where attribution is included. Remember, this is an assessment of the learning of the presented class material and methods used in class, not the ability to use search engines or use random cut and paste techniques.

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.

Plan your time so that you answer completely an appropriately. You can use your text or class notes. Do not copy or merely recite the facts of the question in your answer. Doing so does not increase your score, and will waste valuable time.

Ensure you have a reliable Internet connection and computer before attempting the Assessment. I suggest you diligently test your usual Internet connection. “The Internet failed me” is not a valid reason for missing or not completing the Assessment.

Your work must be your own. By submitting this Assessment you are certifying: (1) that all the work is your own and only yours, (2) that you did not use the Internet for research (It is not allowed or necessary. Using the Internet will probably cause you to not have enough time to finish the Assessment.) (3) you will not and did not accept nor offer assistance to another nor accept assistance from another, (4) you will report any incident in which another has offered or accepted assistance on the Assessment that you know to be factual,

This assessment uses the following common set of facts. The question adds a few more facts in the call of the question for that question and that question only.

===========Common Facts, Weekly Assessments, Spring 2021 =============

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.

================ End of Facts ===================

Ch 9 DQ: Palsgraf v Long Island Ry. Co.

Text:Kubasek, Browne, Dhooge, Herron, Barkacs, and Williamson, Dynamic Business Law, 4th Edition,
165 McGraw-Hill