Jarvis v Swans Tours Ltd. [1973]


As his annual fortnight's holiday, the claimant booked a Christmas skiing holiday with the defendants for £63.45. The defendants' brochure described the holiday as a 'house party', and stated that the hotel had its own bar and that various social activities were included in the price. There were only 13 people at the hotel in the first week; in the second week, the claimant was the only resident, so that there was no 'house party' at all. The skiing did not correspond to the claims in the brochure, and the social events were limited and not as the brochure would have led guests to expect. The claimant claimed damages for these breaches of contract.

Held: The claimant was entitled to be compensated for his disappointment and distress at the loss of his holiday, and for the loss of the facilities that had been promised in the brochure.

LORD DENNING MR: In a proper case damages for mental distress can be recovered in contract, just as damages for shock can be recovered in tort. One such case is a contract for a holiday, or any other contract to provide entertainment and enjoyment. If the contracting party breaks his contract, damages can be given for the


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