Andrew has taken early retirement from his role as the Director of a large public company. He is passionate about steam trains. He invests his money in setting up an amusement park, with the theme of steam trains and memorabilia. The amusement park has a themed café in a former railway carriage, and a museum with salvaged items related to the age of the steam train. The main attraction is a steam railway, which runs for four miles around the park. The highlight of the visit is a trip in authentic steam carriages drawn by the famous ‘Red Dragon’ steam engine, during which the guests are served a traditional English tea with cucumber sandwiches and cakes.
Rachel, who loves everything to do with steam engines, has booked a day at the park for £100, which includes a trip on the Red Dragon together with a cup of English tea. She has paid £60 in advance, the balance to be paid on the day. When she arrives she discovers that the trip on the steam train has been cancelled, because of leaves on the line, which could damage the wheels of the train. The English tea is being served, but in a stationary carriage. Rachel asks for her money back, but Andrew refuses stating that she has paid to enter the amusement park, not just for the trip on the steam train, and that she can still have the English tea.
Advise Rachel, who claims that the contract has been frustrated and that she is entitled to her money back. You should support your answer with decided cases and any relevant statutory provision. OSCOLA Referencing
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