Question
Mary decided to take two weeks annual leave so she visited a local Sydney travel agency. Searching through the brochures in the hope of finding
Mary decided to take two weeks annual leave so she visited a local Sydney travel agency. Searching through the brochures in the hope of finding an appealing holiday package she found an Ace Shipping Company brochure advertising a two-week 'singles' cruise aboard the SS Funtimes. The brochure stated that passengers would be treated to wonderful parties involving live rock bands, great food, private sleeping quarters and the opportunity to see humpback whales on their annual migration. Mary purchased a ticket for the cruise and paid her fare of $3,700.
Unfortunately the cruise turned out to be a disaster. She discovered that the other passengers were all married couples, the food was terrible, there was no live band and only recorded eighties disco music for dancing. Mary also learned that the humpback whales had completed their migration and wouldn't return again for six months. To make matters worse, her cabin was situated next door to the disco so she suffered constant headaches due to a rare sleep disorder that required total silence.
Advise Mary as to the common law damages she could expect if she were to sue Ace Shipping Company for breach of contract. Your advice should include discussion of remoteness and quantification as well as damages for discomfort, disappointment and distress
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