Hamilton v Kuoni Travel Ltd

Contract – Holiday. The Queen's Bench Division dismissed the claimant's claim for personal injury which arose out of a sexual assault during a package holiday which the claimant had purchased from the defendant company. In the circumstances, whilst it was accepted that the claimant had been assaulted by an employee of the hotel in which she had been staying, it could not sensibly be said that the actions of that employee had formed any part of the contractual services which the defendant had agreed to provide with reasonable care and skill to the claimant under the contract.

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