Occasionally, the loss suffered by the third party can be treated as the loss of the promisee, although this does appear to be exceptional. In Jackson v Horizon Holidays Ltd, the plaintiff sued for damages on his own behalf and on behalf of other members of his family following the severe disappointment suffered by all concerned as a result of a ruined holiday. It was assumed that the plaintiff’s wife and children were not parties to the contract, but damages were awarded on the basis that the distress suffered

doi:10.4324/9781843141518-300

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Occasionally, the loss suffered by the third party can be treated as the loss of the promisee, although this does appear to be exceptional. In Jackson v Horizon Holidays Ltd, the plaintiff sued for damages on his own behalf and on behalf of other members of his family following the severe disappointment suffered by all concerned as a result of a ruined holiday. It was assumed that the plaintiff’s wife and children were not parties to the contract, but damages were awarded on the basis that the distress suffered

ABSTRACT

Jackson v Horizon Holidays Ltd [1975] 3 All ER 92, CA, p 96 James LJ: In this case, Mr Jackson, as found by the judge on the evidence, was in need of a holiday at the end of 1970. He was able to afford a holiday for himself and his family. According to the form which he completed, which was the form of Horizon Holidays Ltd, he booked what was a family holiday. The wording of that form might, in certain circumstances, give rise to a contract in which the person signing the form is acting as his own principal and as agent for others. In the circumstances of this case, as indicated by Lord Denning MR, it would be wholly unrealistic to regard this contract as other than one made by Mr Jackson for a family holiday. The judge found that he did not get a family holiday.