The plaintiffs sought damages after their holiday was disappointing. The cost of the holiday for five people was andpound;98 per person. The county court judge had allowed damages separately for the five holiday makers, having regard to how the breaches of contract affected each of them. He felt inhibited by Jarvis and Jackson and ‘would have approached the damages on a higher scale than [was] revealed by [those cases] ‘as appropriate’.
Held: The Court of Appeal disagreed. Bridge LJ said: ‘I wholly fail to understand how the learned judge was able to extract anything from either of those case which prevented him from awarding the higher scale of damages which he said he was minded to award.’
Cumming-Bruce LJ: ‘Contracts for holidays vary on their facts very greatly. The facilities offered by the tour company vary enormously from case to case. It would be a grave mistake to look at the facts in, for example, the Jackson case or the Jarvis case and compare those facts with the facts in another case as a means of establishing the measure of damages.’
Judges:
Bridge LJ, Cumming-Bruce LJ
Citations:
Unreported, 13/05/1980
Jurisdiction:
England and Wales
Cited by:
Cited – Milner and Another v Carnival Plc (T/A Cunard) CA 20-Apr-2010
Damages for Disastrous Cruise
The claimants had gone on a cruise organised by the defendants. It was described by them as ‘the trip of a lifetime.’ It did not meet their expectations. There had been several complaints, including that the cabin was noisy as the floor flexed with . .
Lists of cited by and citing cases may be incomplete.
Damages, Contract
Updated: 18 June 2022; Ref: scu.408561
