is an

English contract law English contract law is the body of law that regulates legally binding agreements 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 ...

case on the measure of damages for disappointing breaches of contract.

Facts

Mr. Jarvis was a solicitor for

Barking Barking may refer to: Places * Barking, London, a town in East London, England ** London Borough of Barking and Dagenham, a local government district covering the town of Barking ** Municipal Borough of Barking, a historical local government dist ...

Council. He chose to go for Christmas holiday in

Switzerland ). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...

. He got a brochure from Swan Tours Ltd, which for Mörlialp,

Giswil Giswil is a municipality in the canton of Obwalden in Switzerland. History Giswil is first mentioned in the 11th century, as ''Kisevilare''. Geography The municipality is located on the southern end of Lake Sarnen. It consists of the villag ...

said the attractions were,

House Party A house party is a type of party where people gather at the residence of the party's host. Organization A house party might be organized several months or just a few hours in advance. News of a party may be spread by personal invitations, ...
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
toboggan A toboggan is a simple sled traditionally used by children. It is also 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 (often children) down a hill o ...
run ... Why did we choose the Hotel Krone ... mainly and most of all because of the '
Gemütlichkeit ''Gemütlichkeit'' () is a German-language word used to convey the idea of a state or feeling of warmth, friendliness, and good cheer. Other qualities encompassed by the term include cosiness, peace of mind, and a sense of belonging and well ...
' 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
English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...
.

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.
Fondue Fondue (, , ) is a Swiss melted cheese dish served in a communal pot ( ''caquelon'' or fondue pot) over a portable stove () heated with a candle or spirit lamp, and eaten by dipping bread into the cheese using long-stemmed forks. It was promote ...
party.
Yodeler Yodeling (also jodeling) is a form of singing which involves repeated and rapid changes of pitch between the low-pitch chest register (or "chest voice") and the high-pitch head register or falsetto. The English word ''yodel'' is derived from ...
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 Gatwick Airport (), also known as London Gatwick , is a major international airport near Crawley, West Sussex, England, south of Central London. In 2021, Gatwick was the third-busiest airport by total passenger traffic in the UK, after H ...

to Zurich on December 20, 1969, and returned 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 Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when ...

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
Giswil Giswil is a municipality in the canton of Obwalden in Switzerland. History Giswil is first mentioned in the 11th century, as ''Kisevilare''. Geography The municipality is located on the southern end of Lake Sarnen. It consists of the villag ...
. 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.

Commentary

''Jarvis v Swans Tours Ltd'' has been called "the ''

Donoghue v Stevenson was a landmark court decision in Scots delict law and English tort law by the House of Lords. It laid the foundation of the modern law of negligence in Common law jurisdictions worldwide, as well as in Scotland, establishing general principle ...

'' of Tourism Law".

Notes

{{reflist, 2

References

*Yates (1973) 36 ''

Modern Law Review The ''Modern Law Review'' is a peer-reviewed academic journal published by John Wiley & Sons on behalf of Modern Law Review Ltd. and which has traditionally maintained close academic ties with the Law Department of the London School of Economics. ...

'' 535, who refers to the damages in this case as 'exemplary' rather than for non-pecuniary loss.

External links