Jarvis v Swans Tours Ltd
Encyclopedia
Jarvis v Swans Tours Ltd [1972] EWCA Civ 8 is an English contract law
case on the measure of damages for disappointing breaches of contract.
Council. He chose to go for Christmas holiday in Switzerland
. He got a brochure from Swan Tours Ltd, which for Mörlialp, Giswil
said the attractions were,
In a special yellow box it said,
It also stated, "Hire of Skis, Sticks and Boots ... Ski Tuition ... 12 days £11.10." Mr Jarvis booked 15 days with a ski pack in August 1969 for £63.45, including Christmas supplement. He flew from Gatwick to Zurich on December 20, 1969, and return on January 3, 1970. He found the "house party" was only 13 people in the first week and none in the second week. Mr Weibel could not speak English. As Lord Denning MR said,
There were also no Swiss cakes, just crisps and little dry nut cakes. The "yodeler" was a local man who came in work clothes and sang four or five songs quickly. The "Alphütte Bar" was empty and only open one evening. Mr Jarvis sued for breach of contract. The trial judge awarded £31.72, as the difference between the value paid and the value of the service received (half of what was paid for). Mr Jarvis appealed for more.
Edmund Davies LJ and Stephenson LJ concurred.
English contract law
English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...
case on the measure of damages for disappointing breaches of contract.
Facts
Mr. Jarvis was a solicitor for BarkingBarking
Barking is a suburban town in the London Borough of Barking and Dagenham, in East London, England. A retail and commercial centre situated in the west of the borough, it lies east of Charing Cross. Barking was in the historic county of Essex until it was absorbed by Greater London. The area is...
Council. He chose to go for Christmas holiday in Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
. He got a brochure from Swan Tours Ltd, which for Mörlialp, Giswil
Giswil
Giswil is a municipality in the canton of Obwalden in Switzerland.-Geography:Giswil has an area, , of . Of this area, 35.9% is used for agricultural purposes, while 53.3% is forested...
said the attractions were,
"House PartyHouse partyA house party in the English-speaking world is typically a type of party where medium to large groups of people gather at the residence of the party's host. In modern usage, a house party is typically associated with teenage or young adult crowds, loud music, dancing, and the consumption of alcohol...
Centre with special resident host. ... Mörlialp is a most wonderful little resort on a sunny plateau ... Up there you will find yourself in the midst of beautiful alpine scenery, which in winter becomes a wonderland of sun, snow and ice, with a wide variety of fine ski-runs, a skating rink and exhilarating tobogganTobogganA toboggan is a simple sled which is a traditional form of transport used by the Innu and Cree of northern Canada. In modern times, it is used on snow to carry one or more people down a hill or other slope for recreation. Designs vary from simple, traditional models to modern engineered composites...
run ... Why did we choose the Hotel Krone ... mainly and most of all because of the 'GemütlichkeitGemütlichkeitGemütlichkeit is a German abstract noun that has been adopted into English. Its closest equivalent is the word "coziness"; however, rather than merely describing a place that is compact, well-heated and nicely furnished , Gemütlichkeit connotes the notion of belonging, social acceptance,...
' and friendly welcome you will receive from Herr and Frau Weibel. ... The Hotel Krone has its own Alphütte Bar which will be open several evenings a week. ... No doubt you will be in for a great time, when you book this houseparty holiday ... Mr. Weibel, the charming owner, speaks EnglishEnglish languageEnglish is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
."
In a special yellow box it said,
"Swans House Party in Mörlialp. All these House Party arrangements are included in the price of your holiday. Welcome party on arrival. Afternoon tea and cake for 7 days. Swiss dinner by candlelight. FondueFondueFondue is a Swiss dish of melted cheese served in a communal pot over a spirit lamp , and eaten by dipping long-stemmed forks with bread into the cheese...
party. Yodeler evening. Chali farewell party in the 'Alphütte Bar'. Service of representative."
It also stated, "Hire of Skis, Sticks and Boots ... Ski Tuition ... 12 days £11.10." Mr Jarvis booked 15 days with a ski pack in August 1969 for £63.45, including Christmas supplement. He flew from Gatwick to Zurich on December 20, 1969, and return on January 3, 1970. He found the "house party" was only 13 people in the first week and none in the second week. Mr Weibel could not speak English. As Lord Denning MR said,
So there was Mr. Jarvis, in the second week, in this hotel with no house party at all, and no one could speak English, except himself. He was very disappointed, too, with the ski-ing. It was some distance away at GiswilGiswilGiswil is a municipality in the canton of Obwalden in Switzerland.-Geography:Giswil has an area, , of . Of this area, 35.9% is used for agricultural purposes, while 53.3% is forested...
. There were no ordinary length skis. There were only mini-skis, about 3 ft. long. So he did not get his ski-ing as he wanted to. In the second week he did get some longer skis for a couple of days, but then, because of the boots, his feet got rubbed and he could not continue even with the long skis. So his ski-ing holiday, from his point of view, was pretty well ruined.
There were also no Swiss cakes, just crisps and little dry nut cakes. The "yodeler" was a local man who came in work clothes and sang four or five songs quickly. The "Alphütte Bar" was empty and only open one evening. Mr Jarvis sued for breach of contract. The trial judge awarded £31.72, as the difference between the value paid and the value of the service received (half of what was paid for). Mr Jarvis appealed for more.
Judgment
Lord Denning MR held that Mr Jarvis could recover damages for the cost of his holiday, but also damages for "disappointment, the distress, the upset and frustration caused by the breach." He said old limitations on damages for distress and disappointment are "out of date". Accordingly, £125 was awarded.Edmund Davies LJ and Stephenson LJ concurred.
See also
- English contract lawEnglish contract lawEnglish contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...
- Measure of damages in English law
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