Farley v Skinner
Non pecuniary damages are recoverable where a major or important object of the contract was to give pleasure or peace of mind.
Facts
Mr Farley, a businessman, was thinking of buying a large country house in Sussex, near Gatwick airport, for his retirement. He engaged Mr Skinner, a surveyor, to survey the house, and specifically asked him to investigate whether it would be affected by aircraft noise. Mr Skinner reported that it was unlikely to suffer greatly from such noise. Mr Farley bought the house for £420,000 and spent money on improvements. After moving in, he discovered that the house was close to a navigation beacon where aircraft stacked while waiting to land at Gatwick, and was badly affected by aircraft noise, especially early in the morning. The noise did not reduce the market value of the house.
Legal principle
The House of Lords upheld the trial judge's award of £10,000 for the discomfort and annoyance caused by the aircraft noise. The exception to the rule against damages for distress applies where a major or important object of the contract is to give pleasure, relaxation or peace of mind. It is not necessary that this should be the sole object of the contract. Here, the investigation of aircraft noise was a specific, important part of the surveyor's instructions, and Mr Farley had made clear that it mattered to him. The award was at the very top end of what was appropriate.
Related cases on remedies
- Addis v Gramophone Co Ltd [1909] AC 488
- Anglia Television Ltd v Reed [1972] 1 QB 60
- Attorney General v Blake [2001] 1 AC 268
- British Westinghouse Electric and Manufacturing Co Ltd v Underground Electric Railways Co of London Ltd [1912] AC 673
- Cavendish Square Holding BV v Makdessi; ParkingEye Ltd v Beavis [2015] UKSC 67, [2016] AC 1172
- Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd [1998] AC 1
- Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79
- Golden Strait Corp v Nippon Yusen Kubishika Kaisha (The Golden Victory) [2007] UKHL 12, [2007] 2 AC 353
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