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Case Details

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

Package Travel Directive, Article 5, 1.

Personal injury - breach of contract - duty
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
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.
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