Question: helpBased on two cases below.suggest the appropriate detences which may be raised.please include the references link. CASE 1 Woed 8 Wood v . TUl Travel
helpBased on two cases below.suggest the appropriate detences which may be
raised.please include the references link.
CASE
Woed Wood v TUl Travel PLC TA First Choice is a consumer case.
EWCA Civ.
First Choice, the Dominican Republic package vacation provider, supplied and
organised roundtrip airfare, hotel transfers, lodging, meals, and drinks for the al
inclusive" twoweek vacation that Mr and Mrs Woods are planning.
Woods' claim that they ate only from the hotel's buffet was upheid by the court at first
instance. The court found that the tainted food and drink served at the hotel was the
direct cause of the gastroenteritis that Mr and Mrs Wood suffered from. According to
the judgement, the provision of food and drink to the Woods might be seen as an
agreement for the sale of commodities under the Act. The court found that Woods may
claim damages under section s implied necessity of "satisfactory quality" since
their food and drink were contaminated, On the other hand, if the meal had simply
been provided as a service, then the only implicit requirement under s would be
one of reasonable care and competence. Mr Wood received $ in damages and
Mrs Wood
On appeal, First Choice maintained that the Acts implicit requirement in subsection
did not constitute a term of the contract because:
Goods transfer could not have been a part of the original intent of the contract,
which was to provide services.
The ownership of the commodities was not transferred to the Woods by First
Choice. Prior to consumption, the food and drink belonged to the hotel Once
eaten, they were destroyed.
CASE
Harrison V Janged Globe Ltd
With the help of Jagged Glob Alpine Limited, climber Natalle Harrison travelled to
Ecuador on an adventure. She was involved in two accidents while on the excursion.
At the outset, she hurt herself when she fell while carrying out a stunt devised by the
expedition's commander, Sir Ranulph Fiennes. In the second incident, which occurred
at an apartment complex in Cortu, she dove into a small pool and suffered serious
injuries. An implicit element of her contract with the defendant was that the facilities
and services at the apartments would be provided with reasonable skill and care. She
argued that the absence of signs informing visitors that the pool vras shallow and that
diving was risky violated this requirement.
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