Saturday, May 17, 2014

Edwards v. National Security Speleological Society case brief summary

Edwards v. National Security Speleological Society- not enough control
a.       Facts: Women falls into a well and dies. The well is surrounded by a fence which was repaired by members of NSS (a nonprofit). This group has several chapters w/ their own freedom & 1000s of members. Sue the local chapter which is repairing the well and the national society on grounds of vicarious liability.
b.      Held: No P-A relationship b/c no control. Since the National Society does not control the local chapter cannot be held vicariously liable.
i.        Lack of control indicated by:
a.       no integration of finances and operations
b.      they are independent local chapters with their own freedom
c.       independent members: each chapter can have members who are not part of NSS
d.      not covered by NSS tax exemption
ii.      This is a loose relationship—there is still some control because need charter, can get expelled from membership—but its too loose.

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