Case Study

In September 1998 Mr Bunce sent details of his hotel in Sandhills to travel agents, he included the following statement: "The hotel serves splendid meals at special prices to suit children (fish fingers, ice cream etc.)

In March 1999 Lily Dale went to a travel agent, Mr Dunn, who read out the details and the statement above about Bunce's Hotel. She asked him about rooms with a balcony facing the sea. He phoned Bunce's hotel and booked, at her request, a holiday for $300 for Lily and her two children in two rooms with balconies facing the sea. A week later she received a printed confirmation of booking, and paid half the price in advance, as required.

In July 1999, on holiday at Bunce's hotel, two things particularly disappointed Lily:

1.The special meals for children were set items form the adult menu, none of which Lily's children would eat.

2.On the first night she was told she had sleep in a back room with the children because Mr Bunce said there had been a misunderstanding with other guests about when their holiday should end. The Dales had to spend all week in the back room because, in fact, Mr Bunce had overbooked.

Question

1.Examine the criminal liability of Mr Bunce and Mr Dunn, if any, for their statements and actions.

2.Examine any civil remedy Lily may have against Mr Bunce or Mr Dunn. Discuss whether she is entitled to damages for the disappointment that she and her children have suffered with respect to the holiday