Scaife -v- Falcon Leisure Group [2007] IESC 57 (04 December 2007)

Scaife -v- Falcon Leisure Group [2007] IESC 57 (04 December 2007)

The organiser of a package holiday is liable to the consumer for improper performance of contractual obligations by a service supplier abroad, judged by the standard of reasonable skill and care, not strict liability. The evidence established that the hotel failed to operate its safety system, resulting in foreseeable injury to the plaintiff. The High Court correctly applied the reasonable skill and care standard, and the organiser is liable under Section 20 of the Act of 1995.

Citation
[2007] IESC 57
Parties
Plaintiff/respondent: Mary Scaife; Defendant/appellant: Falcon Leisure Group (Overseas) Ltd
Jurisdiction
Ireland
Judgment Date
04 December 2007
Procedural Posture
Personal Injury / Contract (package Holiday) / Supreme Court Appeal From High Court Judgment
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Package Holidays Liability, Duty of Care, Implied Contractual Terms, Standard of Care, Transposition of EU Directives, Occupiers' Liability
Contract Law Tort Law Consumer Protection European Union Law Package Holidays Liability Duty of Care Implied Contractual Terms Standard of Care +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Mary Scaife

Plaintiff/respondent

Falcon Leisure Group (Overseas) Ltd

Defendant/appellant

Procedural Posture

Personal Injury / Contract (package Holiday) / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the organiser of a package holiday is liable for personal injuries caused by improper performance of services by a hotel abroad under the Package Holidays and Travel Trade Act 1995 and Directive 90/314/EEC
  2. 2 Whether the standard of care is strict liability or reasonable skill and care
  3. 3 Whether Irish or Spanish legal standards apply to the assessment of liability

Ratio Decidendi

The organiser of a package holiday is liable to the consumer for improper performance of contractual obligations by a service supplier abroad, judged by the standard of reasonable skill and care, not strict liability. The evidence established that the hotel failed to operate its safety system, resulting in foreseeable injury to the plaintiff. The High Court correctly applied the reasonable skill and care standard, and the organiser is liable under Section 20 of the Act of 1995.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • The appeal is dismissed.
  • The order of the High Court in favour of the plaintiff is affirmed.