Charlotte runs the Cantabile Music School (CMS). Doris paid $6,000 for a package of 12 cello lessons on specified dates in the Autumn Season.

Charlotte runs the Cantabile Music School (CMS). Doris paid $6,000 for a package of 12 cello lessons on specified dates in the Autumn Season. A Typhoon 8 signal is raised on a day on which a cello lesson is to take place. The lesson is cancelled. CMS refuses to provide a makeup lesson, or refund the cost of the cancelled lesson. CMS points to its Bad Weather

Contingency Arrangement found on the terms and conditions page on its website:

ML3.2. In the event that Typhoon Signal No. 8 or above is raised three hours prior to class, the lesson will be cancelled. No make-up lesson will be provided. No refund will be given for the cancelled class.

Doris claims she was not given a copy of the terms, and contests the applicability of the clause. Apart from taking the position that Doris has no claim, Charlotte takes the view that Doris can only claim nominal damages as the lesson would not have made a significant difference to Doris’ playing. Doris threatens to sue. Advise Charlotte.

Remedies issue i.e. proceed on the assumption that Doris has a claim.