CNBC: Man sues airline because he got sparkling wine not Champagne
https://www.cnbc.com/2017/10/20/man-...on-flight.html
A Canadian man has reportedly filed a lawsuit against Sunwing Airlines after being served sparkling wine rather than Champagne. |
This is worse than first world problems!
Also isn't there fine print someplace that everything is dependent on route and availability? I think it is literally in the in flight magazine. |
Google still has a result of "Champagne Service", but clicking through now shows
Award-winning inflight service - Welcome glass of sparkling wine Fly Better - Champagne Service* - Welcome glass of sparkling wine |
All champagnes are sparkling wine, but not all sparkling wines are champagne.
On Sunwing I'd be more concerned about the pilot being sober, the truth be told. https://www.thestar.com/news/canada/...-8-months.html |
Is this guy serious? Per the googles, doesn't seem like advertising champagne and serving sparkling wine rises to the level of "high-handed, malicious" and "highly reprehensible." I guess unless you're the snobbiest of wine snobs...
Generally, punitive damages are imposed in rare circumstances where there has been high-handed, malicious, arbitrary or highly reprehensible misconduct that departs markedly from ordinary standards of decent behaviour. I suppose the judge could rule in the plaintiff's favor, award him $10, and call it a day. |
Originally Posted by Madone59
(Post 28970058)
This is worse than first world problems!
|
Originally Posted by gobluetwo
(Post 28995676)
Is this guy serious? Per the googles, doesn't seem like advertising champagne and serving sparkling wine rises to the level of "high-handed, malicious" and "highly reprehensible." I guess unless you're the snobbiest of wine snobs...
https://www.lindsayllp.ca/the-histor...ges-in-canada/ I suppose the judge could rule in the plaintiff's favor, award him $10, and call it a day. |
Originally Posted by daniellam
(Post 29011917)
Or a cheap $10 of not so well known Champagne.
|
Originally Posted by gobluetwo
(Post 28995676)
I suppose the judge could rule in the plaintiff's favor, award him $10, and call it a day.
|
Originally Posted by KDS777
(Post 28992009)
All champagnes are sparkling wine, but not all sparkling wines are champagne.
My point was that "Champagne Service" was a brand/product name - like advertising "The World’s Most Effective" or "Less is More” or "“Better Ingredients. Better Pizza”" - which have never been held to factual standards, per US law. I'd say "Champagne Service" falls into that realm, especially when qualified with actual services. (iirc - "Puffery is not illegal and is a common method used in advertising."). The actual description of the service being offered specifically calls for "sparkling wine". I don't know if product marketing tag lines are legally binding in Canadia, but in the US there's no case here. |
We have a couple of government authorities here that investigate consumer complaints such as these kind of things (if merited), but as to the specific case law and how this action would play out at trial re: advertising standards, I cannot answer.
BTW, here in Canada, if you sue someone and lose, you pay their legal costs. |
Originally Posted by JamesBigglesworth
(Post 29037849)
No. That just encourages them. In any sane legal system, the Registrar would refuse to lodge the case.
|
All times are GMT -6. The time now is 7:38 am. |
This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.