Can you claim compensation for non-tangible suffering?

[blindswelledrat]

Quick query really with regards to legal specifics.
With regards to suing someone for breach of contract, if their breach has forced you to suffer but without actual injury or specific cost attached to it, can you claim compensation for suffering/inconvenience?
I cant really be bothered to explain the whole situation and I don't give a fk about the actual money, I am just so angry with a certain company that I need them to pay.
Oh, if it is relevant I am a consumer in this situation.

[anonymous-user]

In general, damages for breach of contract do not include compensation for stress, inconvenience, harm to reputation, and so on. If the contract is a contract for a holiday or for some other recreational pursuit, where the whole point of the deal is to have fun, you may be able to claim for having a rubbish time. If the contract is for the supply of goods or non recreational services (ooh, err, Missus), then you are usually limited to damages based on pecuniary loss. Hassle and aggro are not generally compensable. You can sometimes recover something for wasted time. Legal costs can be claimed on top of damages if you win.

That is all very general. If you want more specific advice, you will have to state some facts.

PS: Please, thank you, you are welcome, don't mention it. Manners maketh man.

[blindswelledrat]

Breadvan72 said:

PS: Please, thank you, you are welcome, don't mention it. Manners maketh man.

Sorry, I was typing angrily and forgot my basic manners which is unheard of. CheersBV.

The specifics are a holiday.
I booked my dream fishing trip to the Congo recently which was costly and involved a 5 day trip up the river in pursuit of an elusive fish.
I arrived in Kinshasa and my fishing rods didn't because they had over filled the plane.
The repercussions of this were great, not least the fact I lost one of five days and it was a trip I would never have gone on for 4 days fishing. 5 was reducing it to the absolute minimum.
I don't care that much about the money, but their service has been unimaginably contemptuously st and they wont even reply to emails.
ETA: Thanks in advance etc, as I was typing I was thinking about Turkish fking airlines and getting angrier and angrier and angrier.

Edited by blindswelledrat on Thursday 30th July 15:28

[anonymous-user]

That puts you bang into the territory of damages for having a rotten time when you paid specifically to have a jolly time. There is a case called Jackson and another called Jarvis or summat (I am terrible at remembering the names of cases). Lord Denning was quite witty on the subject of paying for yodelling parties and yummy cakes and getting no yodelling (most would pay extra for this, but whatevs), and crappy biscuits instead of yummy cakes and so on. Push for compo via the company's internal complaints system. I cannot recall whether there is any sort of travel industry ombudsman or anything like that, but if there is, maybe have a pop via that route if the company does not ante up. Obviously, make suing a last resort, and remember that companies have no feelings, and you cannot get revenge or emotional satisfaction via litigation (if anything it tends to produce more angst).

Edited by anonymous-user on Thursday 30th July 15:40

[anonymous-user]

Good book, BTW:

http://www.amazon.co.uk/Blood-River-Journey-Africa...

So too is:

http://www.amazon.co.uk/Compleat-Angler-Izaak-Walt...

But you already knew that!

[blindswelledrat]

Breadvan72 said:

That puts you bang into the territory of damages for having a rotten time when you paid specifically to have a jolly time. There is a case called Jackson and another called Jarvis or summat (I am terrible at remembering the names of cases). Lord Denning was quite witty on the subject of paying for yodelling partoesand yummy cakes and getting crappy biscuits and so on. Push for compo via the company's internal complaints system. I cannot recall whether there is any sort of travel industry ombudsman or anything like that, but if there is, maybe have a pop via that route if the company does not ante up. Obviously, make suing a last resort, and remember that companies have no feelings, and you cannot get revenge or emotional satisfaction via litigation (if anything it tends to produce more angst).

I know that's good advise and I absolutely know that making a company pay is utterly irrelevant. Their complaints procedure aren't responding though. I began by getting in touch and merely asking for direct costs associated with it. I was quite calm and rational and didn't even bother mentioning the 50 or so other st things they have done but the list is unbelievable.
They just wont respond and when I called them they say that complaints can only be dealt with via the email I used.
I just hate them too much to deal with them any more and would find legal action less stressful as then I could relax into impersonal mode.
How would you quantify that kind of thing?

[anonymous-user]

I am off shopping (but not for cars this time). I will reply later, or more likely tomorrow, as after shopping I plan to investigate some Martinis down the road along with my charming nephew, a young man who needs guidance on how to do London stuff. If the drinks aren't cold enough I will sue everyone!

[anonymous-user]

Legal action is NEVER less stressful than ANYTHING. I am not kidding.

[blindswelledrat]

Breadvan72 said:

Good book, BTW:

http://www.amazon.co.uk/Blood-River-Journey-Africa...

So too is:

http://www.amazon.co.uk/Compleat-Angler-Izaak-Walt...

But you already knew that!

Indeed! I felt a bit like Tim Butcher doing it. THe build up to the trip reminded me of the beginning of that where everyone was urging him not to go

[blindswelledrat]

Breadvan72 said:

Legal action is NEVER less stressful than ANYTHING. I am not kidding.

Genuinely it is for me. I do loads of straightforward small claims for work and I find that for me it strips all the personal element from an issue which removes the stress. Once you are used to how irritating the system can be and accept it.
The perfect example is the one you picked up on. It is a giant corporation that has zero feelings towards me. And yet I hate them with a passion and I cannot shake that regardless of logic. The minute I click that small claims button my fury will evaporate instantly.

[blindswelledrat]

Breadvan72 said:

I will reply later, or more likely tomorrow, as!

Thanks.
You've made me self conscious now and Im having to say thanks every post. For the remainder of this thread assume it is tagged on to my posts.

[BertBert]

I've only read the thread and I'd just like to say thanks too

[Schmy]

Breadvan72 said:

There is a case called Jackson and another called Jarvis or summat

Was that the one where Cocker did that thing on stage at the Brits during Earth Song?

[Red Devil]

Breadvan72 said:

There is a case called Jackson and another called Jarvis or summat (I am terrible at remembering the names of cases).

Bang on the money BV.
Jackson v Horizon Holidays Ltd [1974] EWCA Civ 12 - http://www.bailii.org/ew/cases/EWCA/Civ/1974/12.ht...
Jarvis v Swans Tours Ltd [1972] EWCA Civ 8 - http://www.bailii.org/ew/cases/EWCA/Civ/1972/8.htm...

[Martin_M]

Red Devil said:

Bang on the money BV.
Jackson v Horizon Holidays Ltd [1974] EWCA Civ 12 - http://www.bailii.org/ew/cases/EWCA/Civ/1974/12.ht...
Jarvis v Swans Tours Ltd [1972] EWCA Civ 8 - http://www.bailii.org/ew/cases/EWCA/Civ/1972/8.htm...

I enjoyed reading the second appeal case - a 15 day holiday cost around £60! Wonder what that would be now?!

[Raize]

blindswelledrat said:

Breadvan72 said:

PS: Please, thank you, you are welcome, don't mention it. Manners maketh man.

Sorry, I was typing angrily and forgot my basic manners which is unheard of. CheersBV.

The specifics are a holiday.
I booked my dream fishing trip to the Congo recently which was costly and involved a 5 day trip up the river in pursuit of an elusive fish.
I arrived in Kinshasa and my fishing rods didn't because they had over filled the plane.
The repercussions of this were great, not least the fact I lost one of five days and it was a trip I would never have gone on for 4 days fishing. 5 was reducing it to the absolute minimum.
I don't care that much about the money, but their service has been unimaginably contemptuously st and they wont even reply to emails.
ETA: Thanks in advance etc, as I was typing I was thinking about Turkish fking airlines and getting angrier and angrier and angrier.

Edited by blindswelledrat on Thursday 30th July 15:28

Did you catch the elusive fish?