The withdrawal of rulemaking without substantial evidence can be challenged as
arbitrary and capricious action on the part of an agency.
a. True
b. False
Aaron Smith, a junior at Yale, was a counselor at Camp Winipesaukee for the summer
of 2007. Several of the children, ages 8-12 reported to their parents that they had been
physically assaulted by Aaron while they were at camp. The children had signs of
bruising and other injuries. The parents brought suit against Camp W, the corporation
that operated the camp for their children’s injuries. Camp W says that it is not liable
because (a) it had no knowledge of the assaults; (b) Aaron had not injured anyone in the
past; and (c) what Aaron did was not within his scope of employment as a camp
counselor. Discuss the liability and defense issues in the case.