Shaw contracts with Universal Travel Services for an advertised three-week conducted tour through western Canada, including 5 days at the scenic and spectacular location of Banff. The itinerary also includes a stop at Castle Mountain. Instead of visiting this mountain Universal Travel Services takes its patrons for a brief visit to Mount Assiniboine (Mount Assiniboine's twin peak mountain located 2 kilometers away from Castle Mountain). Is Shaw entitled to treat the contract as discharged? Suppose additionally that Universal Travel Services, instead of accommodating its patrons for five days at Banff, booked them into a small hotel in Calgary for that period. What alternative remedies are available to Shaw? What further information would be useful for determining the most likely remedy to compensate her adequately?
The question belongs to Law and it discusses about a scenario where a person who contracts with a travel agency is promised to be taken to Castle Mountain instead is taken to Mount Assiniboine. The person wants to sue the travel agency for non-fulfilment of the contract.
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