X C / D Question 2 Recommended time: 22.5 mins AC has brought an action against Wakey, Wakey, Tim, John and Nancy for injury to his legs as well as for his lost wages and increased living expenses. Wakey, Wakey says they are not responsible as the boat operators were not following required safety procedures and that AC performed a risky, foolish move in trying to leap out of the way rather than remain with his feet planted on the surfboard. Would AC have a successful claim? Assess AC's chances of success and the liabilities of all the parties, referencing any applicable cases studied in class. The surf board AC was on was made by Sure Safe Boards. The board was advertised as having a solid core with softer edges, to help prevent injuries if a surfer were to get hit by it. Wakey Wakey examined a demo board and decided to buy 12 for their business. It was clear from the injury to AC that the board did not meet the specifications advertised nor seen in the sample. Wakey, Wakey wants to return the boards and claim damages for any losses they have incurred as a result of the boards he was sold, Surf Safe is insistent that they are not liable and that Wakey, Wakey is incorrect in claiming under the SGA as Wakey Wakey is a business so the SGA does not apply. Edit Format Table 12pt Paragraph BIUAL TV ...Question 3 Recommended time: 7.5 mins Does the SGA apply in this case? Edit Format Table 12pty Paragraph BI O wordsvas X X Question 5 15 pts Recommended time: 22.5 mins AC started a lawsuit against Wakey, Wakey, and hired Pro Lawyer to bring his claim. In calculating his lost wages and expenses, his lawyer forgot to include expenses for AC getting to and from his medical appointments as well as for the extra food costs he incurred in having to use Forget the Dishes to bring him his meals as he no longer could cook and had to eat all his meals at home. The amount "forgotten" in AC's claim was worth about 27% of AC's losses. dvise if AC had a way of getting this amount back that he is rightfully owed, with reference to all applicable w and referencing any cases referred to in class. fit Format Table .. . pty Paragraph B JU A LV TVX 5 Part Question - Wakey, Wakey Surf Lessons - 45 Points (67.5 Aussie Cole (AC) and Natalie decided to take wake surfing lessons from Wakey. Wakey. in Penticton, B idea behind wake surfing is that the surfer is pulled behind a boat while on a surfboard. The boat operate creates a wake (waves) and the surfer drops the rope used to pull him or her and surfs on the wake create Once the rope has been dropped, the surfer can no longer manipulate which direction they are going in - t waves determine that. AC was surfing well, having surfed a lot in Australia, but the waves were not big enough to be challenging. Another Wakey, Wakey boat operator, Tim, could see that AC's boat operator, John, was not watching AC as he was meant to do, nor was he focusing on the water ahead, instead he was looking at Nancy, trying to gain her attention by pointing out things of interest on the shoreline to her. Tim decided to help John out by cutting in close to his boat, creating huge waves. Due to the huge waves created, a large hunk of loose driftwood went under Tim's boat, directly in AC's path. AC had just dropped the rope but tried desperately to leap out of the way. In doing so, rather than getting hit by the driftwood, he caused the surfboard to flip up, which then struck him in the leg. fracturing his femur in two places. AC ended up in Penticton hospital for several days as surgery was required. and it was estimated that he would not be able to weight bare for at least two months. AC was, at the time of the accident. a well-liked server at a local restaurant, often using his Aussie charm to gross $700 to $800 a night in tips. His usual habit was to claim about $250 per night in tips as income, and just pocket the rest. As a server he was an hourly employee, with no benefits for loss of wages or medical expenses. He also ate at least one meal a day at the restaurant, so now needed to incur increased living costs and use a food service, due to his physical inability. AC wants to bring a claim against Wakey, Wakey, but the manager of Wakey Wakey says the company is in no way liable as the boat operator was not following the required safety precautions by trying to engage with a passenger, so that AC, if he has a claim. is only against the operator