Legal Quiz

Storyline One:

Mr and Mrs Fanatic book a holiday for seven days on the Caribbean island of Barbados.

Both are massive cricket fans and the holiday is designed to coincide with a Test match between England and the West Indies.

The Test match starts on the third day of their holiday and because the return flight is an evening flight they have got just enough time to see the whole Test match.

Two tickets for the Test match are included in the package.

On the second day of the match, there are a number of controversial umpiring decisions which upset the crowd and fighting breaks out. This quickly grows into a riot, which leads to the match being abandoned

Mrs Fanatic finds herself caught up in the trouble and suffers a minor head wound when she is hit by a rock thrown by a rioter.

The Fanatics ask to be flown home early but are told there are no flights available.

They claim the total cost of the holiday plus loss of enjoyment plus compensation for Mrs Fanatic’s injuries which she suffered during the crowd riot at the Test match.

Does the tour operator have any liability for the cancellation of the match?

Does the tour operator have any obligation to return the Fanatics early to the UK?

Does the tour operator have to pay any compensation to the Fanatics?

Question one: No. Because it was an unforeseeable and unavoidable occurrence.

Question two: Possibly. Regulation 14 may impose such a liability.

Question three: Probably not. Provided that the crowd disturbances are properly viewed as an act beyond their control situation.

Storyline Two:

Mr and Mrs Healthie book a package holiday in the south of France with Groovy Tours.

When they are booking the holiday, they make it very clear they are both fanatical non-smokers, and therefore require a totally smoke-free holiday.

They emphasise that this is particularly important for Mrs Healthie, who suffers from severe asthma. The sales assistant assures them there will be no problem with this.

The arrangements go without a hitch until the Healthies arrive at their hotel. As they enter they are greeted by a cloud of smoke – a smoker’s convention is occupying the hotel for one of the two weeks they are there.

The smoker’s convention is a yearly occurrence, and the hotel makes a lot of money from it.

The Healthies decide to make the best of things, but their enjoyment is severely hampered as they feel constrained to spend as much time out of the hotel as possible.

On the first evening, they get into conversation with Groovy’s local representative, who is off duty and happens to mention as a passing comment there is a water park nearby which is quite fun.

The Healthies decide to go there the following day.

Unfortunately, having been in the water for about an hour, they both suffer mild chlorine burns.

Although the Healthies try to put up with the smoke in the restaurant every meal time, on the fourth day, Mrs Healthie suffers an asthma attack and has to be taken to hospital, where she remains for three days.

When Mrs Healthie is well enough to be discharged, the doctor advises her not to return to the hotel, and the Healthies therefore are forced to return home.

Do Groovy Tours have any liability for the Healthies’ loss of enjoyment of their holiday during the first four days?

Do Groovy Tours have any liability to the Healthies for their chlorine burns?

Do Groovy Tours have any liability for the results of Mrs Healthies’ asthma attack?

Answers

Question one: Yes. Because it was made very clear at the time of booking that the Healthies required a completely smoke-free environment on their holiday.

Question two: Probably not. Because the representative was off duty, and therefore not acting in the course of his employment. Further, his comment was not a recommendation – it was an off the cuff remark.

Question three: Yes. Because the Healthies had specifically mentioned at the time of booking that Mrs Healthie was an asthma sufferer.