As a trainee I have prepared a thorough legal research that will assist my principal who is the legal advisor of Mr. Williams. The legal report is going to help may principal to advise Mr. Williams accordingly and consequently establish what claims can be made against Elite Travel Agents. The first thing to note is that the Elite Travel Agents promised a quiet undisturbed atmosphere. However when Mr. Williams and his wife reached there they found the place to be so noisy as it had very many clubs.
This is one of the promises that was not honored and amounts to a breach of contract between the two parties. It is very important because it is one of the things that persuaded Mr. Williams and his wife to choose the hotel. It is unquestionably correct to draw the conclusion from the assessment made from this case that Mr. Williams and his wife suffered greatly from the gross breach on the side of Elite Travel Agents. It is of utmost importance to define what breach of contract is in order to ascertain whether it actually occurred or not.
Breach of contract is failure by one or more parties to a contract to honor one or more terms of the contract either by non-performance, interfering with the other party so that they are not able to fulfill their obligations or performing the contract in a manner contrally to the agreement. It also amounts to breach of a contract where one party shows unwillingness to perform obligations imposed on him by the contract. Failure to beat deadlines as stipulated in the contract also amounts to a breach in a contract. In this case it is there very clear that there was gross violation of most of the terms to the contract.
I have thoroughly examined the various violations in this contract that amount to a breach of contract. The Elite Travel agents had promised to provide an Olympic size swimming pool. However, the couple was actually provided with a swimming that could actually not be used as it was closed most of the times since many people had reportedly fallen sick in that pool or people had in some cases poured beer into the pool. This is a breach by the defendant. From my analysis I would also conclude that there was a misrepresentation on the part of defendants.
(Cheshire, Contract Law) The defendants presented Mr. Williams and his wife a brochure of Elysium holiday, which Mr. Williams was made to believe, was a five star hotel. It however turned out to be a hotel with very poor conditions. The misrepresentation was intentional in order to induce the claimant. Therefore acting on this belief he agreed to enter the contract to his detriment. The claimant can therefore bring an action against the defendant on this basis. It is also noted that acting on the representations made to him by the Elite agents, which apparently were untrue Mr.
Williams was made to believe that being a five Star Hotel, they would be offered good quality foods but instead they were given pathetic junk food. This too is a form of breach and is a good ground for the claimant to bring an action against the defendant. Another important element of breach in this case is the issue of representation. The position of the law is that if a statement which is true when it is made becomes untrue during the ongoing of the contract, the other party to the contract should be duly informed. In the case of With Vs O.
Flanagon the defendant who was doctor told a patient that his services were only 2,000 pounds a year. This was true at the time. However, when the contract was finalized later in the year, the cost had cut down to five pounds a week. The court held that the failure to disclose the change in his income amounted to a misrepresentation which in turn led to a breach of contract. In the case of Williams Vs the Elite travel agents, while entering the contract the agents had stated that hotel into which the Williams had booked themselves into would have a quiet atmosphere.
The place however turned out to have between 18 to 30 clubs of different types and noisy parties were held every night. On enquiry the agents justified the situation claiming that the hotel where the clubs were ordinarily located had fallen into a state of despair thus the clubs had to be relocated to this hotel. However legally this justification is not sufficient since the Elite agents had an obligation imposed on them by the contract to inform the other party of the changes. This therefore is a violation and amounts to a breach on which the claimant Mr. Williams can base his claim on.
Another notable violation in this case is the reaction of the management of Elite travel on being informed of the discrepancies. The management said that all those errors were out of their hands. When the couple demanded to be relocated, they were told that it was impossible at that time of the year. In fact one of the representatives of Elysium holiday suggested that they could even go clubbing with the rest of the clubbers. From the definition of a contract as discussed earlier breach of contract can also be occasioned when a party shows unwillingness to perform the obligations imposed on him by the contract as is the case here.
(Law Reform Act, 1943) Intention not to perform also amounts to breach, which is actionable as in this case. The management of Elysium hotel showed a lot of unwillingness to perform their obligations in the contract even after being informed of the discomfort the couple was undergoing. This report shall be very useful to my principal, as it will assist him in advising Mr. Williams and his wife on the claims they can make against the Elite Travel agents. Below is a letter of advice to Mr. Williams on the various claims that he can make against Elite Travel agents.