Remedies - non-pecuniary losses

Question 1

Addis v Gramophone Co Ltd [1909]

manner of firing

Answer 1

Establishes the general rule that there is no reward of damages for mental distress or loss of reputation

Question 2

Jarvis v Swan’s Tours [1973]

holiday; non-pecuniary losses

Answer 2

Where the object of the contract is to provide pleasure and that is prevented by breach of contract, damages can be awarded for mental distress

Question 3

Jackson v Horizon Holidays Ltd [1975]

holiday; non-pecuniary losses

Answer 3

Lord Denning states that a party can recover for the distress of third parties he contracted to benefit, but this was rejected in later cases

Question 4

Watts v Morrow [1991]

no non-pecuniary losses unless the ‘very object’ of contract

Answer 4

Where a contract does not have the object of providing pleasure, damages for mental distress can nonetheless be awarded if it is the result of physical inconvenience caused by breach of contract

Question 5

Johnson v Gore Wood & Co (no 1) [2001]

rejects damages for mental distress and anxiety, and aggravated damages for manner of breach

Answer 5

A shareholder may sue in respect of breach of duty that is independently owed to him (rather than the company) which resulted in a separate and distinct loss from any loss to the company. In such situations the Foss v Harbottle rule does not apply.

Question 6

Godley v Perry [1960]

physical discomfort related to injury; non-pecuniary losses

Answer 6

• severe injuries to boy from toy
• damages for daily removal of artificial eye

Question 7

Hobbs v L&S Railway Co [1875]

physical inconvenience and non-pecuniary losses

Answer 7

what it says

Question 8

Ruxley Electronics and Construction v Forsyth [1996]

loss of amenity damages

Answer 8

Recovery for cost of reinstatement is subject to a reasonableness test of whether the cost of reinstatement is all out of proportion to the loss suffere

Question 9

Farley v Skinner [2001]

house near airport; non-pecuniary losses; an object of the contract

Answer 9

• Damages can be awarded for mental distress where pleasure is not entire or central object of the contract, only an important one
• In relation to damages for ‘physical’ inconvenience and discomfort, ‘physical’ includes any displeasure derived from the physical senses of sight, touch, hearing, smell, taste