The appellant’s daughter died in an accident whilst on holiday in China from Hong Kong on a trip booked with the respondent.
Held: Lord Slynn said: ‘ . . the issue is thus whether . . [the package tour operator] undertook no more than that they would arrange for services to be provided by others as their agents (where the law would imply a term into the contract that they would use reasonable care and skill in selecting those other persons) or whether they themselves undertook to supply the services when, subject to any exemption clause, there would be implied into the contract a term that they would as suppliers carry out the services with reasonable care and skill . . ‘
Judges:
Lord Slynn
Citations:
[1995] UKPC 42, [1995] CLC 1593, [1996] 1 WLR 38
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Stewart v Reavell’s Garage QBD 7-Apr-1952
Car repairers were held liable for damage to a car which became out of control and crashed, following faulty brake repairs even though the faulty work had been done by their subcontractor brake liner and the customer had consented to the repairers . .
Cited by:
Cited – Four Seasons Holdings Incorporated v Brownlie SC 19-Dec-2017
The claimant and her family were in a car crash while on holiday in Egypt. The claimant’s husband and his daughter died. The holiday had been booked in England and the car excursion booked in advance from England. The hotel operator was incorporated . .
Cited – TUI UK Ltd v Morgan ChD 9-Nov-2020
Tour Co Responsible For injury – Standards Applied
The claimant suffered an injury tripping at a hotel on a package holiday. The company now appealed.
Held: The appeal was refused. A term will generally be implied into a contract for services by operation of law (the 1982 Act s 13) to the . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Consumer
Updated: 31 March 2022; Ref: scu.442354
