“Mental distress damages require physical inconvenience and must be modest in amount.”
The Court of Appeal held that damages for mental distress were recoverable but only where the breach caused physical inconvenience and discomfort. Awards should be modest.
The Watts employed surveyor Morrow to survey their prospective home. The survey was negligent, failing to identify serious defects. The buyers suffered considerable inconvenience, discomfort, and distress from necessary repairs after purchase.
Whether and in what circumstances damages for mental distress and inconvenience could be recovered for breach of a surveyor's contract.
Ralph Gibson LJ distinguished Addis v Gramophone, holding that while pure mental distress is not recoverable, damages can be awarded where breach causes physical inconvenience and discomfort. The court emphasized that such awards must be restrained and that the primary remedy remains financial compensation for pecuniary loss.
This case established important limits on mental distress damages while recognizing a narrow exception to the Addis principle. It influenced the later expansion in Farley v Skinner and remains relevant for professional negligence claims.
Damages for mental distress in contract are only recoverable where the breach causes physical inconvenience and discomfort, and such awards must be modest in amount.
The Court of Appeal allowed modest damages for mental distress because the surveyor's negligence led to physical inconvenience and discomfort from necessary building works.
It established the physical inconvenience requirement for mental distress damages, creating a limited but important exception to the general Addis v Gramophone principle.
The court noted that contracts for pleasure or relaxation might justify mental distress damages, laying groundwork for later development in Farley v Skinner.
OSCOLA Citation
Watts v Morrow [1991] 1 WLR 1421 (CA)
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[2026] UKSC 1
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