Milner v Carnival (Cunard) [2010]

Facts

  • The claimants booked and went on a holiday of a lifetime cruise, costing ~£59,000
  • After an awful start with sleepless nights due to a noise cabin, the claimants were temporarily upgraded to a suite, then offered another cabin which the rejected
  • There was a refund of £48,000 and the claimants agreed to end the cruise after 10 days, in Hawaii

Issue

  • How should damages be calculated?

Decision

  • Damages should be reduced from first instance

Reasoning

  • Court should find the diminution in value between the actual performance and the ideal performance, reduced to account for discounted original price and for period of time on ship only, accounting for temporary upgrade to expensive suite
  • Serious inconvenience damages also available, but reduced
  • £12,000 total, ensuring that no duplicate damages were awarded
RELATED CASE  Whincup v Hughes [1871]

Posted in Contract Law Revision Notes.

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