Jarvis v. Swan Tours [1973] Facts: Jarvis was solicitor who only got 2 weeks vacation per year. He wanted to go on ski holiday in Switzerland, so he made a contract with Swan Tours. Swan Tours promised him a “wonderful little resort” with beautiful ski runs, a warm welcome, an owner who spoke English, house party, afternoon tea and cake, yodeler, etc. Jarvis had horrible time. The promises made by Swan Tours were untrue (no weekly parties, host could not speak English, etc.). The holiday was horrible in comparison to the one Jarvis expected. He sued for damages.
Issues: Can Jarvis get damages for mental suffering resulting from breach?
Holding/Reasons: Lord Denning held that Jarvis could recover damages for not only the cost of his holiday, but also damages for “disappointment, the distress, the upset and frustration caused by the breach” of contract. Damages should include loss of entertainment and enjoyment, which he was promised, not just cost of the vacation. Accordingly, Jarvis was awarded £165. Dennis said old limitations on damages for distress and disappointment in the common law were out of date. Held that individuals are entitled to get damages for mental distress in a breach of a contract when they rely on an expectation – when contract itself was for enjoyment and pleasure then you are entitled to damages for breach of contract of entertainment and enjoyment (mental distress).
Denning awarded damages not just for the cost of the vacation but also the mental distress associated with the loss of entertainment and enjoyment. AKA aggravated damages to combat this high handed / oppressive conduct of the travel agency, which caused mental distress to the plaintiff here
