Cheesman v International Travel Service Ltd [2008] ScotCS CSOH_58 (04 April 2008)

Cheesman v International Travel Service Ltd [2008] ScotCS CSOH_58 (04 April 2008)

The defenders contracted to provide coach travel for all excursions, including the Zermatt excursion, and expressly accepted responsibility for negligence of their suppliers. The carpet defect was present for a significant period and would have been identified and remedied by reasonable inspection. The pursuer's injuries resulted from the supplier's negligence, for which the defenders are contractually liable.

Citation
[2008] ScotCS CSOH_58
Parties
Pursuer: Diana Cheesman; Defender: International Travel Service Limited
Jurisdiction
Scotland
Judgment Date
04 April 2008
Procedural Posture
Personal Injury Action / Judgment After Proof
Outcome
Defenders found liable to make payment to pursuer
Legal Topics
Holiday Contract Liability, Negligence, Personal Injury, Agency, Damages
Contract Law Tort Law Holiday Contract Liability Negligence Personal Injury Agency Damages

Case Brief

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Parties

Diana Cheesman

Pursuer

International Travel Service Limited

Defender

Procedural Posture

Personal Injury Action / Judgment After Proof

Legal Issues

  1. 1 Whether the carpet defect would have been identified and remedied by a coach company/driver exercising reasonable care prior to the accident
  2. 2 Whether the contractual arrangements between pursuer and defenders render defenders liable for the injuries

Ratio Decidendi

The defenders contracted to provide coach travel for all excursions, including the Zermatt excursion, and expressly accepted responsibility for negligence of their suppliers. The carpet defect was present for a significant period and would have been identified and remedied by reasonable inspection. The pursuer's injuries resulted from the supplier's negligence, for which the defenders are contractually liable.

Court Disposition

Defenders found liable to make payment to pursuer

Orders

  • Defenders to pay pursuer £7,400
  • Questions of expenses reserved