James had contracted to give a talk and demonstration on resolving human relations conflicts in small organizations for a management consulting firm. After dinner with his hosts the evening before his talk, he accepted a dare to slide down a lengthy banister on the main staircase of the hotel. James fell off partway down and suffered a concussion and a badly sprained ankle. He was unable to give his talk and has been sued for breach of contract.

Give a brief opinion of the likely result.