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 9 inches shallower than contracted. The pool remained safe and functional, with no diminution in value. The House of Lords held that the cost of rebuilding (£21,560) was unreasonable and disproportionate, awarding instead £2,500 for loss of amenity. Facts Mr Forsyth contracted with Ruxley...
Mr Farley employed a surveyor to investigate aircraft noise affecting a property before purchase. The surveyor negligently failed to discover the property was near an aircraft stacking area. Despite no diminution in property value, Mr Farley recovered £10,000 damages for the discomfort and loss of enjoyment caused by the noise....