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Jarvis v Swan Tours [1972] 3 WLR 954 Court of Appeal

 

Mr Jarvis, a solicitor, booked a 15 day ski-ing holiday over the Christmas period with Swan Tours. The brochure in which the holiday was advertised made several claims about the provision of enjoyment relating to house parties, a friendly welcome from English speaking hotel owner, a variety of ski–runs, afternoon tea and cakes and a Yodler evening.  Many of these either did not go ahead or were not as described.  Mr Jarvis brought a claim for breach of contract based on his disappointment. At trial, the judge awarded him £30 damages on the basis that he had only been provided with half of what he had paid for and that no damages could be recovered for disappointment. Mr Jarvis appealed.

 

Held:

Where a contract is entered for the specific purpose of the provision of enjoyment or entertainment, damages may be awarded for the disappointment, distress, upset and frustration caused by a breach of contract in failing to provide the enjoyment or entertainment.

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