Professional Liability Faculty

Cases

Jarvis v Swan Tours Ltd (1973) QB 233
Mr Jarvis had booked a holiday through Swan Tours. The brochure had described the holiday as a “house-party”. During the first week there were only 13 people on the holiday and for the second week he was on his own. To add to this the skiing was not good and the bar was only open for one night. He claimed damages as the holiday had failed to live up to expectations. It was held that in appropriate cases where one party contracts to provide entertainment and enjoyment, including a contract for a holiday, damages can be recovered for mental distress and vexation. Also, the descriptions in the brochure were representations or warranties, and since the 1967 Act it was no longer necessary to decide which since damages were available for either. Mr Jarvis, a solicitor, was awarded £125. -

Nigel Ingram v Elegant Resorts Ltd (2001)
Mr and Mrs Ingram brought an action for loss of holiday and distress after they were stung by jellyfish in the sea near their hotel in Thailand. They alleged that the defendant holiday company was vicariously liable for the defective supply of hotel services and should have been aware of the risk of jellyfish swarming and multiplying in the sea near the hotel. The court awarded the claimants wasted expenditure of £2,000 for part of the holiday, and £500 to the claimant and his wife for distress. -