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Posted: May 27th, 2023
Sentimental Journeys The Problem: Donna Salmon wanted to purchase a two – week Caribbean cruise for her parents, John and Marge Salmon , as a gift in celebration of John and Marge’s 50th wedding anniversary. Donna booked on the Sentimenta l Journeys cruise line . Although Donna did not tell the cruise line, she chose the Sentimental Journeys cruise because it stopp ed in Jamaica for three nights. Jamaica held great sentimental significance to John and Marge because it was where they spent t heir honeymoon . When John and Marge found out about the cruise they immediately made arrangements to re – create their honeymoon experience by booking the same hotel room, making reservations at the same restaurants, buying new designer beach wear, and stoc king up on SPF 75 sunblock. The two – week cruise went badly for John and Marge . First, a new clerk at Sentimental Journeys mistakenly omitted a required form in the visa application to the Jamaican Bureau of Tourism. Without the necessary forms, the visa application was denied and the ship was unable to stop in Jamaica. By the time the mistake was discovered, it was too late to change the ship’s itinerary to stop in Jamaica later in the cruise. Sentimental Journeys apologized for the mix – up . The ship’s itinerary was changed to a four – night stay in the Virgin Islands instead of the one night that was originally scheduled . At the end of the cruise an approaching hurricane forced Sentimental Journeys to cancel the last two days of the cruise, including a stop in the Bahamas. The ship returned to its main port and Sentimental Journeys allowed the passengers to stay on board for the last two days of the cruise . John and Marge have demanded damages because their 50th anniversary cruise was ruined. They ar e seeking a refund fo r the cancellation of the Jamaic a stop , and an equal amount in consequential damages because of the sentimental value of this portion of the cruise. In addition, John and Marge want a refund for the missed stop in the Bahamas. Are Jo hn and Marge entitled to damages and why? If so, how will those damages be determined? (You may assume that the contract with Sentimental Journeys does not contains any provision s that will help you address th ese questions ) .1. The cruise contract was made between Sentimental Journeys and Donna Salmon. Do John and Marge Salmon have the right to enforce the contract with Sentimental Journeys ? If so, what legal theory supports the conclusion that John and Marge acq uired the legal right to enforce the contract ?2. Consider the missed stop in Jamaica – Did Sentimental Journeys completely or substantially perform the cruise contract even though it missed the Jamaica stop? Why or why not?3. Is Sentimental Journeys di scharged from its contractual obligations for any incomplete performance related to the Jamaica stop? Are John and Marge entitled to damages for the missed Jamaica stop? Why or why not? If so, what damages are they entitled to?4. Consider the missed stop in the Bahamas – Did Sentimental Journeys completely or substantially perform the cruise contract even though it missed the Bahamas stop? Why or why not?5. Is Sentimental Journeys discharged from its contractual obligations for any incomplete perform ance related to the Bahamas stop? Are John and Marge entitled to damages for the missed Bahamas stop? Why or why not? If so, what damages are they entitled to?
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