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Unformatted text preview: ght before returning to
Singapore, the news reports that all KPA flights worldwide have been suspended because
KPA has become insolvent. Panicked by this, Polly immediately calls the resort’s
concierge for help. The concierge assures her that there is no problem and tells her that he
will book her on a direct return flight on Singa Air the next day. Surprised, Polly
mentions that her travel agent said there was no direct SA flight. The concierge says –
“Well, that’s bizarre. How possibly could they have said that? SA has been flying
directly from Singapore for the last two years.” Sadly, Polly forks over an additional
$3,000 for a one-way Economy class ticket from Long Island back to Singapore – the
exceptionally high cost is due to the short notice. Had she booked it in advance at the
Travel Fair, a return ticket would also have cost just $1,500.
On her return, Polly comes to you to complain about her disastrous holiday. In particular,
she is aggrieved about:
(iii) the lap-pool being unheated;
the weather having been so cold; and
not being advised about the possibility of an SA flight. Advise Polly as to the following:
a) In relation to her grievances in (i) and (ii) above: whether she can successfully get a
refund of the price paid to YZ for her “holiday” and successfully claim for any
damages from YZ, excluding any discussion of her remedies within the tort of deceit
or the tort of negligence (30%);
b) In relation to her grievances in (iii) above: whether she can successfully claim for any
damages from YZ, within the tort of negligence (10%) 5 LGST101 - OR Question 3
Dan is a mountain bike dealer with special expertise in modifying mountain bikes. Pat
and his girlfriend, Tina, are mountain biking enthusiasts who frequently patronise Dan’s
shop. For Valentine’s Day, of his own accord, Pat promises that he will pay for a top-ofthe-line hydraulic suspension front fork for Tina’s mountain bike. Tina joyfully rides her
bike over to Dan’s shop and leaves it there, telling him that Pat will call to say what
modifications need to be done. The followi...
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This document was uploaded on 04/07/2014.
- Spring '14