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Diana Cheesman v. International Travel Service Limited [2008] CSOH 58


Contract:- In September 2001 the pursuer and her husband went on a coach holiday in Switzerland and Italy. On the last day of her holiday the pursuer tripped on a carpet in the coach and injured her ankle. The pursuer raised an action against the defenders with whom she had entered into a contract to provide a holiday. The action proceeded to proof on 11-13 July 2006 before Lord Dawson who made avizandum. On 11 June 2007, Lord Dawson died while the case was still at avizandum. On 26 June 2007, the court ordered that the cause continue and be dealt with by another Lord Ordinary. Here the court proceeded with the cause with parties providing extended notes on the evidence heard at proof and fresh submissions. The pursuer's case was based on the contract she entered in to with the defenders to provide coach travel for a coach excursion during the holiday in which the defenders agreed to accept liability for the negligence of their coach suppliers and the damaged carpet on the coach which caused her to fall resulting in injury which was due to the coach suppliers negligence, in particular the driver. There were two main areas of dispute between the parties:- (1) whether the defect in the carpet was one which would have been identified and remedied by the coach supplier or coach driver, exercising reasonable care, prior to the pursuer's accident?; and (2) if so, whether, the contract between the pursuer and defenders were rendered the defenders liable in respect of the pursuer's injuries?