The following PI & Clinical Negligence precedent produced in partnership with Sarah Prager of 1 Chancery Lane Chambers provides comprehensive and up to date legal information covering:
Particulars of claim
At all material times the Defendant carried on business as a tour operator supplying package holidays and excursions to consumers.
On a date now unknown to him the Claimant booked a package holiday in Bulgaria with the Defendant.
At a welcome meeting held shortly after they arrived at the hotel the Defendant’s representative offered holidaymakers the option of booking a number of excursions, including a boat party, which was to take place on 3 August 2014.
The party duly booked four excursions, including the boat trip, and paid the Defendant’s representative for them.
At no point did any person suggest to the Claimant that the said excursion was to be provided by any entity other than the Defendant.
As a result of the matters pleaded at paras 1–5 herein there was an excursion contract between the Claimant and the Defendant for the provision of the said excursion.
Alternatively, the Defendant sold the said excursion as agent for an undisclosed principal.
The said excursion contract was subject to English law.
There were implied terms of the excursion contract to the effect that:
the same would be carried out
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