Harrison v Jagged Globe Ltd

Harrison v Jagged Globe Ltd

The defendant owed no duty of care to the claimant in respect of the injuries suffered during the staged stunt, as the activity was not part of the contractual package, the guides were independent contractors, and there was no basis in contract or tort to impose liability on the defendant for the claimant's voluntary participation in an unforeseen activity.

Parties
Claimant: Natalie Harrison; Defendant: Jagged Globe Limited
Jurisdiction
England and Wales
Judgment Date
29 May 2012
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Duty of Care, Vicarious Liability, Implied Contractual Terms, Package Travel Regulations
Contract Law Tort Law Duty of Care Vicarious Liability Implied Contractual Terms Package Travel Regulations

Case Brief

Summary, issues, holding and outcome

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Parties

Natalie Harrison

Claimant

Jagged Globe Limited

Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the defendant owed a duty of care to the claimant in respect of injuries suffered during a non-itinerary activity (staged stunt) on a mountaineering expedition.
  2. 2 Whether the defendant was vicariously liable for the negligence of independent contractor guides during activities outside the contractual package.

Ratio Decidendi

The defendant owed no duty of care to the claimant in respect of the injuries suffered during the staged stunt, as the activity was not part of the contractual package, the guides were independent contractors, and there was no basis in contract or tort to impose liability on the defendant for the claimant's voluntary participation in an unforeseen activity.

Court Disposition

appeal allowed

Orders

  • Judgment for the claimant set aside.
  • No liability found against the defendant.