The latest edition of PILJ contains an article by James Beeton on the liability of package tour operators in food poisoning cases.
In a case with significant repercussions for the package travel industry, the Court of Appeal considered the applicability of the Supply of Goods and Services Act 1982 to package travel contracts: the issue was whether or not the statute implied a term into the contract that any food provided to the customers by the tour operator or its supplier would be of ‘satisfactory quality’. The Defendant raised an inventive argument that no such term would be implied, challenging the orthodoxy represented by cases such as Antcliffe v Thomas Cook Tour Operations Ltd (Unreported) Birmingham County Court, 4 July 2012 and Kempson and Kempson v First Choice Holidays & Flights Ltd (Unreported) Birmingham County Court, 7 June 2007. James’ article considers the practical implications of the Court of Appeal’s decision to reject that argument.
The article is available to subscribers here.