Question
The Princess Ruby sets off from Sydney on a cruise around the South Pacific. On the third night, several passengers fell ill and were found
The Princess Ruby sets off from Sydney on a cruise around the South Pacific. On the third night, several passengers fell ill and were found to have COVID-19. The ship headed back to Sydney and the infected passengers were quarantined in the ship's hospital. It subsequently emerges that the Captain was aware that a crew member had symptoms but decided to not to take any action because he did not want to ruin the trip. The cruise company admits liability for breach of an implied term in the contract and offers compensation for the cost of the trip. However, the passengers seek your advice as to whether they can claim damages:
(a) for the loss of enjoyment and pleasure that resulted from the breach; and
(b) punitive damages to punish the cruise company for the gross negligence of its captain.
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