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Snowy Peaks Backcountry Lodge is in the business of providing backcountry skiing trips to clients, operated out of their remote backcountry lodge. They rely on

Snowy Peaks Backcountry Lodge is in the business of providing backcountry skiing trips to clients, operated out of their remote backcountry lodge. They rely on external companies to provide helicopter services to transport their clients to and from the lodge. They approached Freebird Helicopters to reach an agreement for the 2021-2022 winter season. Snowy Peaks offered to use Freebird's winter helicopter services and Snowy Peaks would pay a price that would be decided upon based on the fuel prices throughout the winter. They further agreed that because Snowy Peaks had provided good business for Freebird during the summer season, Freebird would offer some trips free of charge. They did not specify what the prices would be or how many trips would be free. When the winter season began, Freebird refused to provide helicopter services for Snowy Peaks, stating that they were busy with other obligations. Snowy Peaks sought to enforce the agreement with Freebird.

  1. What is the main legal issue in this case (2 marks)
  2. What is the legal test that would be used by a court in deciding that legal issue? (1 mark)
  3. an argument for the plaintiff. (1 mark)
  4. an argument for the defendant (1 mark)

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