The general rule
Clinton, M.
The general rule - 2002 - Building Services September 2002, 23(1) .
The general principle is that damages for breach of contract are only awarded to compensate the claimant for financial loss as a result of the breach. The scope for contractual damages resulting from mental suffering has been unclear so far. Discusses a recent decision in the House of Lords in "Farley v Skinner" (2001) which highlights this area. The claimant Farley was a prospective buyer for a house near Gatwick Airport. Farley specifically asked the surveyor to check whether the property was badly affected by aircraft noise. The surveyor reported that the property was unlikely to suffer from such noise. The claimant bought the house, and then discovered the noise was intolerable. Farley was awarded £10 000 for his discomfort. The significance of the HL award is that sums awarded in this area will remain modest.
CONTRACTUAL DISPUTES
FARLEY V SKINNER
WATTS V MORROW
INCONVENIENCE
DAMAGES
NEGLIGENCE
MENTAL DISTRESS
AIRCRAFT NOISE
BREACH OF CONTRACT
The general rule - 2002 - Building Services September 2002, 23(1) .
The general principle is that damages for breach of contract are only awarded to compensate the claimant for financial loss as a result of the breach. The scope for contractual damages resulting from mental suffering has been unclear so far. Discusses a recent decision in the House of Lords in "Farley v Skinner" (2001) which highlights this area. The claimant Farley was a prospective buyer for a house near Gatwick Airport. Farley specifically asked the surveyor to check whether the property was badly affected by aircraft noise. The surveyor reported that the property was unlikely to suffer from such noise. The claimant bought the house, and then discovered the noise was intolerable. Farley was awarded £10 000 for his discomfort. The significance of the HL award is that sums awarded in this area will remain modest.
CONTRACTUAL DISPUTES
FARLEY V SKINNER
WATTS V MORROW
INCONVENIENCE
DAMAGES
NEGLIGENCE
MENTAL DISTRESS
AIRCRAFT NOISE
BREACH OF CONTRACT