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Holiday – Contract. Whilst on holiday in Spain, the claimant suffered a fall at the hotel and sustained injuries. She succeeded in her claim against the defendant organiser of the holiday package. The Court of Appeal, Civil Division, in allowing the defendant's appeal, held, among other things, that the recorder had not, on the basis of the facts found, been justified in his conclusion that it had been an accident such as in the ordinary course of things did not happen if those who had the management of the hotel used proper care. It had been an accident which could have occurred despite the use of proper care.
Holiday – Contract. Whilst on holiday in Spain, the claimant suffered a fall at the hotel and sustained injuries. She succeeded in her claim against the defendant organiser of the holiday package. The Court of Appeal, Civil Division, in allowing the defendant's appeal, held, among other things, that the recorder had not, on the basis of the facts found, been justified in his conclusion that it had been an accident such as in the ordinary course of things did not happen if those who had the management of the hotel used proper care. It had been an accident which could have occurred despite the use of proper care.
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