Liability of travel companies for gastric illness caused by alleged food poisoning.
The Court of Appeal considered whether, in a claim for gastric illness caused by alleged food poisoning due to consuming food at a ‘buffet’ as part of an ordinary “all inclusive” package holiday, was it sufficient for a Claimant to establish that the food was contaminated by an illness-inducing pathogen, or whether the Claimant must show that the contamination was caused by the failure of the Defendant, its servants or suppliers (i.e. the foreign hotelier) to exercise reasonable skill and care.
The issue, in short, depended upon whether or not the provision of food and drink as part of a package holiday can properly be characterized as a contract for the transfer of goods within the meaning of section 4 of the Supply of Goods and Services Act 1982.
The Defendant argued that in the case of food and drink served as part of an all inclusive package – the contract is for the provision of services alone.
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