Topic: (LAW)Legal Environment of Business:The Case of the Wayward Chef

Order Description The case with the questions will be attached. Writing Assignment The Case of the Wayward Chef Bud Boomer works for SnowCat Ski Resort Corporation as a chef at the Plaza Restaurant located at the base of a mountain. Bud was supervised by his father, Henri Boomer, who was the head chef at both the Plaza, and the Mid-Plaza Restaurant, which was located halfway to the top of the mountain. Bud was instructed by his father to make periodic trips to the Mid-Plaza to monitor its operations. Bud and Henri had made several inspection trips to the restaurant. On at least one occasion, Bud was paid for such a trip. He also had several conversations with Fred Quimby, the manager of the Plaza and Mid-Plaza Restaurants, during which Quimby directed Bud to make periodic stops at the Mid-Gad to monitor operations. On January 6, Bud was scheduled to begin work at the Plaza Restaurant at 3 p.m. But, Bud had also planned to go skiing before work. SnowCat preferred that their employees know how to ski because it made it easier for them to get to and from work. As part of the compensation for their employment, Bud received season ski passes. That morning Quimby also asked Bud to inspect the operation of the Mid-Plaza prior to beginning work at the Plaza. Bud stopped at the Mid-Plaza in the middle of their first run, had a snack and talked to personnel for about 30 minutes. Bud then skied four runs before heading down the mountain to begin work. On his final run, Bud took a route that was often taken by SnowCat employees to travel from the top of the mountain to the Plaza. About mid-way down the mountain, at a point above the Mid-Plaza, Bud decided to take a jump off a crest on the side of an intermediate run. Bud had taken this jump many times before. A skier moving relatively quickly is able to become airborne at that point because of the steep drop off on the downhill side of the crest. Due to this drop off, it is impossible for skiers above the crest to see skiers below the crest. The jump was well known to SnowCat. In fact, the Snowbird ski patrol often instructed people not to jump off the crest. There was also a sign instructing skiers to ski slowly at this point in the run. Bud, however, ignored the sign and skied over the crest at a significant speed. When Bud went over the jump, he collided with Mary Clary, who was hit in the head and severely injured. After months of rehabilitation and physical therapy Mary Clary has some decisions to make. What should Mary Clary do! Part I – Assume you are advising the plaintiff, Mary Clary in her lawsuit against Bud and SnowCat: a. Analyze the facts of the case and decide upon a theory of liability that you believe is the claim under which the plaintiff is most likely to prevail in the lawsuit. b. Discuss the elements of that theory of liability and the best arguments the plaintiff can make to win under that theory. Part II – Assume you advising the defendants, Bud and SnowCat. a. Discuss Mary Clary’s claim from the defendants' position, including the defenses that Bud and SnowCat can raise to counter Mary Clary’s theory of liability and the best arguments the defendant can make to prevail in the lawsuit. b. Discuss the actions SnowCat can take to minimize the risk of this type of claim in the future, and Part III – Discuss the business implications to SnowCat of legal rules and requirements and develop actions to comply with and/or respond to those legal rules and requirements. (This simply means: What would you do to prevent a similar incident from happening in the future?) Do not just recite what is in the notes. For example, do not just give me the elements of negligence. Apply what you have learned in your readings and in class to this case!