April 29, 2010
2 Hours, 9 a.m. to 11 a.m.
No aids are allowed
Frank Flyer is a world famous skateboarder.
While Frank still competes regularly, he is
also very much involved in designing and building skateboard parks.
His latest sensation
is the underwater park.
Frank is convinced he can teach dolphins and killer whales to
skateboard on humps and valleys in their tanks.
It would give them something
worthwhile to do, rather than just swimming aimlessly around.
So Frank sets up a test
whale skateboard park at Marinewater Park.
Sure enough, the killer whales love
They quickly learn how to balance on the board, and even work out some
They are a little too heavy to do flips, but the dolphins learn that quickly.
Both the animals and Frank are having a lovely time skateboarding away.
Nuke Sports Inc. (“Nuke”) soon learns of the new skateboard enthusiasm.
They want to
market a new line of skateboard equipment and clothing called Frank Flyer’s Underwater
They approach Frank and offer him $15,000,000 if he will let them use his
name in their publicity.
They intend to market the new line with the phrase, “Make a
In return, Frank agrees to publicize the new equipment and clothing by using
them in all his competitions.
As well, Frank agrees to enter the next six Grand Slide
events on the skateboard championship circuit.
Frank plans to enter those events
anyway, so he readily agrees.
Frank learns to skateboard underwater himself, and enjoys frolicking with the dolphins.
Frank finds, however, that his glasses are a nuisance underwater.
So he decides to have
laser eye surgery to correct his vision.
After some internet research, Frank comes across
the Blurzig Eye Institute.
He books an examination with Dr. Morgan Smiler, who tells
him his life will be changed by laser eye surgery.
Frank asks Dr. Smiler about possible
side effects of the procedure.
Dr. Smiler replies with a laugh, “How about no longer
needing to wear glasses?”
Frank laughs along with Dr. Smiler over this, and books an
Dr. Smiler has failed to alert Frank to the possible side effects of the surgery.
This is either professional negligence or, through lack of informed consent,
Frank can sue Dr. Smiler for either one, but on the facts battery
would be easier to demonstrate, as the lack of informed consent is sufficient.
Since the test course at Marinewater is working out so well, Frank contracts with
Marinewater to build a grand public underwater skateboard park.
Frank will build the
park on the Marinewater site and Marinewater will look after advertising.
They will split
the revenue from the skateboard shows.
Frank then contracts with his friend Lefty Slump
to build the underwater skate park of Frank’s dreams.
Lefty has built several other
skateboard parks for Frank, and is delighted to take on the challenge of building one
Frank relies completely on Lefty’s experience in making Frank’s creative