Case law

  • Case Details
    • National ID: [2007] EWCA Civ 1003
    • Member State: United Kingdom
    • Common Name:Evans v Kosmar Villa Holiday
    • Decision type: Other
    • Decision date: 23/10/2007
    • Court: Court of Appeal Civil Division
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Package Travel Directive, Article 5, 1.
  • Headnote
    Personal injury - breach of contract - duty
  • Facts
    Evans had booked a holiday with Kosmar. Kosmar, in turn, had a contract with the owners of the apartments were Evans and his friends were staying in Greece. Evans sustained head injuries when he dived into the shallow end of a swimming pool. It was argued that there was an implied term in the contract that the pool would comply with local safety standards and that facilities would meet a reasonable standard, based on the Federation of Tour Operators recommendations on swimming pool safety. Signs warning against diving were on display
  • Legal issue
  • Decision

    Held, that there was no breach of duty, and consequently no improper performance, because Evans was aware of the risk of diving into the shallow end of the pool.

    Full text: Full text

  • Related Cases

    No results available

  • Legal Literature

    No results available

  • Result