Damages for distress CASES
In English law, damages for distress compensate individuals for emotional upset or inconvenience caused by breaches of contract in specific, limited circumstances.
Definition and Principles
Typically, contract law does not award damages for mere distress or disappointment. However, exceptions arise where the contract’s primary purpose explicitly involves peace of mind, enjoyment, or emotional well-being.
Common Scenarios
- Holiday Contracts: Ruined holidays causing significant distress.
- Wedding Services: Failed arrangements leading to emotional upset.
- Professional Negligence: Certain professional services involving emotional expectations.
Legal Requirements
Claimants must demonstrate the contract intended to prevent distress, and the breach directly caused significant emotional or mental distress.
Practical Importance
Recognising when damages for distress apply helps manage expectations, clarify contract purposes, and ensures fair compensation for emotional impacts.
Home » Damages for distress
Purchasers of a house sued their surveyor for a negligent report. They claimed for the cost of repairs and for mental distress. The court held that damages for mental distress are not recoverable for breach of a standard commercial contract. Facts The plaintiffs, Mr and Mrs Watts, wished to purchase a country house in Suffolk for use as a holiday home. They engaged the defendant, Mr Morrow, a surveyor, to carry out a full structural survey. The defendant’s report indicated that the property was sound, stable and in good condition, with only minor and easily rectifiable defects. Relying on this
Mr Jarvis booked a Swiss holiday based on a brochure's grand promises, which proved disastrously false. He sued for breach of contract. The court awarded him damages not just for financial loss, but also for his disappointment and distress, a landmark ruling. Facts The plaintiff, Mr Jarvis, a solicitor, booked a 15-day Christmas winter sports holiday in Mörlialp, Switzerland, with the defendants, Swans Tours Ltd. He was persuaded to book the holiday based on the defendants’ promotional brochure, which described the trip in effusive terms. The brochure advertised a ‘house-party’ atmosphere with a special resident host, welcome party, afternoon tea,
Mr Jackson booked a family holiday which proved disastrous and failed to meet the promised standards. He sued for breach of contract, claiming damages for his own disappointment and for that suffered by his family. The court allowed recovery for the family's loss. Facts The plaintiff, Mr Geoffrey Jackson, booked a four-week holiday in Ceylon with the defendant tour operator, Horizon Holidays Ltd, for himself, his wife, and their two young children for a total cost of £1,200. The defendants’ brochure described the holiday in glowing terms, promising specific high-quality amenities at the Hotel Pegasus Reef, including air-conditioned rooms, a
A prospective home buyer specifically asked his surveyor to investigate aircraft noise. The surveyor's negligent report caused the buyer distress and loss of amenity after purchase. The House of Lords awarded damages for this non-pecuniary loss, establishing that this is possible where peace of mind is a major, not necessarily sole, object of the contract. Facts Mr Farley, who was approaching retirement, was seeking to purchase a substantial country residence for quiet enjoyment. He became interested in a property known as ‘The Grange’ in Sussex but was concerned about the potential for aircraft noise, as it was located 15 miles
