Sandy Skier is having lunch one March day with a friend,Pat,who is president of Great Rockies Ski Area.Sandy holds a season pass,good through April,at Great Rockies.The following conversation takes place:
Pat: You know we are having some financial problems.We need more skiers who are paying.Most of our skiers lately have been season pass holders...the only problem is that the money from selling the passes is long gone.We're going to have to do two things.First,we must find a way to get more skiers to come who pay for a daily lift ticket.Second,we are going to have to start charging the pass holders $10 a day to ski.
Sandy: I don't know how the season pass holders will like that.I myself can't afford even $10 extra right now.
Pat: I know it won't be popular.Sandy,I'll make a deal for you and your friends.The other part of my strategy is to get more new skiers.You know how focused people are on lift safety after some of the recent problems.Here's what I want you to do.I'll pay you to ski at Megasnow Valley,our main competitor,and all you have to do is leave copies of this memorandum everywhere you can.This is simply some information that the maker of the chairlift distributes relating to procedures to use when a safety problem is discovered in a chairlift.It doesn't say anything about there actually being a problem,but if you leave copies of this around,rumors will probably start.So,leave copies on the ground and on the chairs,on tables in the restaurants,and while riding up the lifts or in line.Show it to people and raise questions,but don't say that there actually is a problem.
Sandy: I think I can do that.
Pat: Well,that's the deal.
Sandy: O.K.
Sandy and eight of her friends,all season pass holders,then go and spend the entire spring break at Megasnow Valley spreading these memos around.The following week,they then go to Pat President to be reimbursed for 9 days of lift tickets each,but Pat refuses to pay anyone,including Sandy.Sandy's friend Kim,and Sandy,want to sue for the cost of their lift tickets.How would a court analyze their cases and what would the likely outcome be? If Sandy were able to recover for her own lift ticket costs,would her friends?
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