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Jarvis v Swans Tours Ltd [1972] EWCA

Facts:

P planned trip based on brochure and trip was nothing like brochure promised

Issue(s):

Can you get damages for mental distress?

Ratio:

You are entitled to get damages for mental distress in a breach of a contract when you rely on an expectation – when contract itself was for enjoyment and pleasure
You are entitled to damages for breach of contract of entertainment and enjoyment (mental distress)

Analysis:

Damages – difference of contract price and value of what was actually received.
Must avoid double compensation – cant formulate it in a way where you get expenses and profit.

Holding:

Compensate J for loss of entertainment and enjoyment he was promised


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