Mental Distress Damages for Breach of Contract - MyAssignmenthelp

Question: Discuss about the Mental Distress Damages for Breach of Contract. Answer: Introduction: The issue that is present in this question is if the statements made in the brochure of Bliss Island can be treated as terms and conditions of the contract that was created with Julian and Anna. There's another issue related with the liability for theft of jewelry from their room, particularly when there is a notice placed on the back of the door, which mentions that the island cannot be held liable for theft. The statements made in the brochure are considered by the law as representations or warranties. Therefore if there is a breach, the other party has the right to claim damages. An example in this regard can be given of Jarvis v Swans Tours Ltd. While the appeal, Lord Denning has stated that other than the damages for the cost of holiday, with the events can also claim damages for distress, frustration and disappointment suffered by them as a result of the breach of contract. The court stated that the older limitations placed on claiming damages for disappointment and distress have become out of date. Hence the amount of damages should be based on the entertainment and enjoyment promise to the claimant, but which was not delivered to them by the company (Harpwood, 2003). Therefore the damages for mental distress can also be claimed in the same way as damages can be claimed for shock in tort (Gibson and Fraser, 2013). If one party as we the contract, the other party can be granted damag es for distress, frustration and disappointment caused as a result (Holmes, 2004). The basis of this legal position can be found in Hobbs v London and South Western Railway Co. The facts of this case are that the defendant failed to transport the plaintiff all the way to the destination. The result was that the claimant had to walk for nearly 5 miles to reach the destination. Under these circumstances, it was held by the court that the claimant can bring a claim for this physical inconvenience that was the result of this action of the defendant. However, it was held in the later decisions that the damages that can be claimed in such cases are not confined to the physical inconvenience that has been caused to the claimant and as a result, the claimant is also allowed by the law to claim damages for disappointment and distress. There is another issue related with the liability of Bliss Island regarding the theft of jewelry and wallet. In Olley v Marlborough Court Hotel, it was held that the parties are considered to be bound by representation if it has been made before or while entering into the contract and not the notice present on the back of the door after the parties have already entered the contract. In this type of cases, the law provides that the court is bound to consider the overall quality of the holiday that has been promised to the claimant and the quality of holiday that had been provided by the defendant. When a person pays for a holiday, such person can expect entertaining and invigorating holiday. However, as a result of no fault of such person, the person returns from the holiday dejected as a result of the fact that most of the expectations of the person from the holiday were not fulfilled, and other law it will be wrong to claim that the disappointment suffered by such person cannot be reflected in the damages that can be awarded to the person. In view of this legal position, in this case, Bliss Island and made a representation according to which it offers best reef diving throughout the year. It was also claim that excellent food, prepared by the best chefs in Australia will be provided. However, Anna and Julian found that the diving was not that good as there were tropical storms and algae boom. The chef had also left and was replaced by a chef from Pakistan, who prepared Indian food. Hence, in this case, Bliss Island had failed to provide the services mentioned in brochure and which were confirmed over the telephone. Regarding the wallet and jewelry, the notice mentioned on the back of the door is not a part of the contract created between the parties. On these grounds, it can be stated that damages can be claimed by Julian and Anna for distress and disappointment. Similarly, they can also claim damages for their lost jewelry and wallet. References Gibson, A., Fraser, D., (2013) Business Law, Pearson Harpwood, V., (2003) Modern Tort law, published by Cavendish Press Holmes, R., (2004) Mental Distress Damages for Breach of Contract, Victoria University of Wellington Law Review, Vol.35, p688 Hobbs v London and South Western Railway Co (1875) LR 10 QB 111 Jarvis v Swans Tours Ltd [1972] EWCA Civ 8