Jarvis v Swans Tours Ltd

Damages for disappointment and distress can be recovered where the contract is one to provide enjoyment, such as a holiday.

Citation
[1973] QB 233
Court
Court of Appeal
Year
1973
Subject
Contract Law
Topic
Remedies

Facts

Mr Jarvis, a solicitor employed by a local council, booked a two week winter sports holiday at Mörlialp in Switzerland for £63.45, relying on Swans Tours' brochure. The brochure promised a house party, a welcome party, afternoon tea and cakes, a yodeller evening and a bar. In fact, there were only 13 guests in the first week, and in the second week Mr Jarvis was the only guest. The skis provided were poor, the cakes were dry crisps, the yodeller was a local man who sang a few songs in his working clothes, and the bar was open only one evening. The trial judge awarded him £31.72, half the price of the holiday.

Legal principle

The Court of Appeal increased the damages to £125. Lord Denning MR said that, in a proper case, damages for mental distress can be recovered in contract, for instance where the contract is to provide entertainment and enjoyment, such as a holiday. Mr Jarvis had been promised a holiday full of enjoyment and had received a very disappointing one, so he was entitled to compensation for his loss of enjoyment and disappointment, not merely the difference in value between what was promised and what was provided. The case created an exception to the rule in Addis v Gramophone Co.

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