Consumer Surplus: A Better Alternative to Disappointment Awards
Currently, when there is a breach of a holiday contract, the courts will consider giving the claimant an award to compensate them for their disappointment. This article argues that a preferable solution would be to award damages for the claimant’s consumer surplus. This solution is more consistent with the aim of contractual damages. It could ‘unlock’ higher awards for claimants and also combat the injustice that claimants who endure a breach with stoicism generally receive lower damages.