TUI UK Ltd v Morgan

TUI UK Ltd v Morgan

The trial judge was entitled to find, on the evidence, that the ISO Standard was an appropriate proxy for the minimum standard of lighting in the absence of clear local standards, and that TUI breached its duty of reasonable skill and care by failing to provide adequate lighting, causing the accident. The appeal is dismissed.

Parties
Appellant / Defendant Below: TUI UK Limited; Respondent / Claimant Below: Lynn Morgan
Jurisdiction
England and Wales
Judgment Date
09 November 2020
Procedural Posture
Civil Appeal / Judgment on Appeal From County Court
Outcome
Appeal dismissed
Legal Topics
Implied Terms, Package Travel Regulations, Standard of Care, Vicarious Performance, Causation
Contract Law Consumer Protection Personal Injury Implied Terms Package Travel Regulations Standard of Care Vicarious Performance Causation

Case Brief

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Parties

TUI UK Limited

Appellant / Defendant Below

Lynn Morgan

Respondent / Claimant Below

Procedural Posture

Civil Appeal / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether the trial judge erred in finding TUI liable for breach of contract for failing to provide adequate lighting at the accident site under the implied term of reasonable skill and care.
  2. 2 Whether the absence of clear local standards in Mauritius precluded a finding of breach.
  3. 3 Whether the ISO Standard could be used as a proxy for local standards in determining the standard of care.

Ratio Decidendi

The trial judge was entitled to find, on the evidence, that the ISO Standard was an appropriate proxy for the minimum standard of lighting in the absence of clear local standards, and that TUI breached its duty of reasonable skill and care by failing to provide adequate lighting, causing the accident. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Judgment for the respondent (Lynn Morgan) stands
  • No variation of the trial court's order