Contents

• Executive Summary
• Introduction & Definition
• Booking & Accommodation
• Claim
• 3.1 Pure economic loss
• Tort - The Law of Civil Wrongs
• Tort Law & Misrepresentation

Description

This assignment is based on the following case study –
Mr and Mrs Ratchett wish to book a holiday for themselves and their son Boris, who is aged 9. They look for suitable places to stay on the Internet and eventually decide to book a stay at ‘Hadleys’, which is described as a family hotel and leisure park.
The homepage of the website states: “Disappointment is a word we don’t use at Hadley’s! We will ensure you have the holiday of a lifetime and your every need will be met. Satisfaction is guaranteed”’.
The detailed information on the website states that there is entertainment provided for Children during the day, including an Adventure Playground, suitable for all children aged above 7, as well a Health Spa and Casino for adults in the evening.
Mrs Ratchett fills in the online booking form and pays £1200 for the family to stay for a week in July. She books a family suite which the website says includes separate rooms for children and adults together with an ensuite bathroom for each and a separate communal living room. She receives an automated reply confirming that the rooms requested rooms are available for the dates required and have been reserved for her. Shortly afterwards she receives a further e.mail confirming the booking and giving information about what to do on arrival. This is entitled ‘Receipt’ and also states in small print at the bottom “Hadleys accept no responsibility if we are unable to comply with the precise requirements of your booking and will not be liable for any representations or conditions that cannot be complied with”.
The family arrive at Hadleys on Saturday morning. They check in and are shown to their room. They are very disappointed to find that they all have to share a single large room and the bathroom is in fact along the corridor from their room and shared with other residents. They are very disappointed however they decide to stay as they think they will be too busy enjoying the facilities to spend too much time in the room.
The family go to Hadley’s Diner for lunch. Mr Ratchett sees a sign at the the entrance to the Diner which says “If you can eat two of our Mega Burgers at one meal we will give you a £100 voucher to spend in our Casino”. Mr Ratchett decides to try and succeeds in eating two of the burgers. He goes to ask the restaurant manager where he can claim his voucer but the restaurant manager tells him that the advert is not serious and is just a marketing ploy.
That afternoon the family go to the Adventure Playground. At the entrance there is an A4 size notice that says: “All patrons use these rides at their own risk. The management will not be liable for any loss or injury caused to those using these rides howsoever caused”. It turns out that a number of the rides are in fact unsuitable for Boris due to him being quite short. He is however able to go on the Sonic Death Run Rollercoaster. Unfortunately the harness Boris is wearing comes loose during the ride and he is thrown from the car. He breaks his legs and suffers other minor injuries. His camera and iPod, which he was carrying, are broken beyond repair.
Utterly fed up and disappointed the Ratchet’s decide to leave the next morning and take Boris home with them when he is released from hospital later that day. They wish to know if they can claim compensation for what has happened to them.