Loss of amenity CASES
In English law, loss of amenity refers to a type of damages awarded to compensate for the reduction or loss of enjoyment or quality of life due to injuries, breaches of contract, or negligence.
Definition and Principles
Loss of amenity damages compensate claimants not for direct financial losses, but for reduced personal enjoyment, comfort, or quality of life resulting from harm or contractual breaches.
Common Applications
- Personal Injury Claims: Compensating for diminished quality of life due to injury or disability.
- Housing or Holiday Contracts: Compensating for discomfort or disappointment from breaches affecting enjoyment.
Legal Considerations
Courts assess compensation based on severity, impact on daily activities, and personal circumstances rather than purely financial criteria.
Practical Importance
Recognising loss of amenity ensures claimants receive fair compensation for non-economic losses, acknowledging impacts on personal wellbeing and lifestyle.
Home » Loss of amenity
A contractor built a swimming pool shallower than specified. As there was no loss in financial value, the court denied the full rebuilding cost, instead awarding damages for 'loss of amenity'. This established a reasonableness test for contractual damages. Facts Ruxley Electronics and Construction Ltd (the appellant builders) entered into a contract with Mr Forsyth (the respondent owner) to construct a swimming pool in his garden for £17,797.40. The contract specified that the pool should have a diving area with a depth of 7 feet 6 inches. After completion, it was discovered that the diving area was only 6 feet
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
