(Hong Kong) The plaintiff’s daugfhter purchased an all in package tour of China. Having missed a ferry, they were being taken on a speedboat when it crashed, and she died. The driver was negligent, and the company for having failed to ensure that someone competent drove it.
Held: Where someone contracted to arrange travel for others there was an implied term to use reasonable skill and care in selecting others to provide any part of those services. Where he contracted to provide service he impliedly contracted to carry them out with reasonable care and skill. That obligation would continue even if others provided the actual services. This was a contract for services. The company was liable for having failed to select a competent boatman, and for his lack of care.
Judges:
Lord Slynn of Hadley
Citations:
Gazette 24-Jan-1996, [1996] 1 WLR 38
Jurisdiction:
England and Wales
Contract, Negligence, Consumer
Updated: 10 April 2022; Ref: scu.90581