damages for distress and loss of enjoyment Flashcards
What about damages for distress and loss of enjoyment?
In commercial transactions there will be little or no prospect of recovery of damages for distress/injured feelings
What was held in the case of Hayes v James & Dodd 1990?
The CA awarded the expenditure incurred. However, it rejected the claim for anguish and vexation because it was a purely commercial contract. (Blocked garage)
What about in relation to a holiday?
. If the holiday goes wrong as a result of a breach then the claimant is entitled to damages representing the disappointment experienced.
What was held in the case of Jarvis v Swan Tours [1973] ?
Claimant was awarded half the money back - extra damages claimed as loss of enjoyment
What was held in the case of Watts v Morrow by Bingham LJ?
A contract-breaker is not in general liable for any emotional response. The rule is not absolute. Rule is founded on the considerations of policy.
What is it called when an award reflects the claimants consumer surplus value?
This is the value a consumer places on something which is in excess of the market value – like enjoyment of a holiday - subjective.
What was held in the case of Farley v Skinner?
Peace and tranquility is an important object. In the CA it was held that the award was contrary to principle because enjoyment / peace of mind could not be the ‘very object of the contract’.
