Director of Consumer Affairs v Sunshine Holidays Ltd

• Jurisdiction: Ireland
• Court: District Court (Ireland)
• Judgment Date: 01 January 1984
• Date: 01 January 1984

(Dist. Ct.)

Director of Consumer Affairs

and

Sunshine Holidays Ltd

False statements as to the provision of services, accommodation or facilities - Whether defendant knew statements to be false - Whether defendant reckless - Penalty - Whether court should provide for the payment of compensation - Consumer Information Act, 1978 (No. 1), ss. 6, 17(3)(a) 22(2).

1. S. 6 of the Consumer Information Act, 1978 provides that a person shall be guilty of an offence who, in the course or for the purposes of a trade, business or profession, makes a statement which he knows to be false or recklessly makes a statement which is false. The maximum penalty when a prosecution is brought in the District Court is £500. The Director of Consumer Affairs issued three summonses alleging that the defendant had made such statements to eight named persons concerning the availability of holiday accommodation in Spain when it knew that its contractual arrangements with the Spanish owners of the accommodation had broken down. The defendant maintained that the problem of overbooking arose from the default of a third party, and sought to avail of a defence provided by s. 22 of the Act; viz, that the offence was due to a mistake, accident, or the default of another, and that it had taken all reasonable precautions to...