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Jarvis v. Swans Tours Ltd.
Court of Appeal, Civil Division
1 Q.B. 233 (1973)
Jarvis (plaintiff) had a single two-week vacation each year. One year, he looked at a brochure from Swans Tours, Ltd. (defendant) advertising a “houseparty” package at a ski resort in Switzerland. In short, the brochure promised a great time. Among other things, the brochure promised great skiing, a bar onsite that would be open several nights a week, and an owner who spoke English. Based on the representations in the brochure, Jarvis booked a trip through Swans for his vacation. The trip cost Jarvis £63.45. Jarvis arrived in Switzerland to an underwhelming experience. The resort did not have adult-sized skis available until the second week of Jarvis’s vacation, the onsite bar was open only one night during Jarvis’s stay, and the owner of the resort did not speak English. Jarvis had a miserable time in Switzerland. Jarvis sued Swans for misrepresentations in the brochure. The trial court found in favor of Jarvis and awarded him £31.72 in compensatory damages, finding that Jarvis had received a value of about half of what he had paid. Jarvis appealed.
Rule of Law
Holding and Reasoning (Lord Denning)
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