LAWS 3003 Study Guide - Final Guide: Horizon Travel, Fundamental Breach, The Province
Document Summary
Jackson v. horizon holidays: mr jackson booked a 28 day holiday in ceylon for himself and his family through. The hotel turned out to be unsatisfactory for various reasons relating to cleanliness and provision of services. The trial judge made an award for the disappointment suffered by mr jackson, but stated he could not take into account the disappointment suffered by his wife and children since they were not party to the contract. Held: mr jackson was able to recover for the disappointment suffered by his wife and children. This amounts to an exception to the rule of privity of contract based on the decision in beswick v beswick(1968) ac 88: mere puff make people interested to buy their goods or services. Doesn"t bring any legal liability: negotiations / misrepresentation stay as pre-contracutal statements. If the pre contractual statemtn comes to be a misrepresentation then it will bring legal liability.
