Question :

In July 2007 Amin sent a brochure of a hotel he was running and managing to Sam, a travel agent and included the following statement: "The hotel provides a range of activities to suit children."

In September 2007, Asha went to Sam who read out the details and the statement above sent by Amin. She also asked him about the availability of rooms with a balcony facing the sea. He phoned Amin's hotel and booked, at her request a holiday for 300 pounds for Asha and her two children in one room facing the sea. A week later she received a printed confirmation of booking, and paid half the price in advance, as required.

In September 2007, during Asha's holiday at Amin's hotel, two things particularly disappointed her:

1. The only activity that was available to the children during their stay at the hotel was a daily tour to a children's park within the premises of the hotel. The organizer would simply supervise the children while they played on the merry go round. This only lasted about an hour or two daily.

2. On the first night Asha was told she had to sleep in a room that looked over the rear end of the hotel. This was due to Amin's fault because he had overbooked. Asha spent a miserable night because it was unduly warm in the room because of improper ventilation.

(a) Examine the criminal liability of Amin and Sam, if any for their statements and actions.

(b) Examine any civil remedy Asha may have against Amin or Sam. Discuss whether she is entitled to damages for the disappointment that she and her children have suffered with respect to the holiday.