Facts
- Jackson purchased a holiday for £1200 from Horizon Holidays for he and his family to enjoy
- The holiday was incorrectly advertised, resulting in significant disappointment for the family
Issue
- Could Jackson recover the money paid to Horizon Holidays for his loss and for the loss of the benefit which the contract to provide a holiday conferred upon his family
Decision
- Recovery allowed
Reasoning
- Lord Denning allowed recovery contrary to the usual privity rule, quantifying the damage as £600 for defective performance and £500 for his and his family’s disappointment or distress to attain a ‘just result’
