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Tortilla Flat-pack

A plaintiff in Ireland claiming general damages for a deficient holiday is more likely to be successful than a similar plaintiff in the UK. However, the plaintiff in ARTIS v MFI Ltd. [2006] CC (Huddersfield) would not have been anymore successful if he/she had sued in Ireland.

The plaintiff had purchased a flat-pack wardrobe. The wardrobe and its measurements were advertised on the defendant’s website. On purchase and assembly it was discovered the unit did not fit in with the purchaser’s current units. The defendant refunded the cost of the wardrobe but refused to compensate the plaintiff for the time and effort expended on the disappointing wardrobe.

The court agreed and declined to order compensation for the plaintiff under that head. The plaintiff did receive a sum as compensation for loss of earnings referable to the time spent assembling the wardrobe.

(Apologies to students of John Steinbeck for the title to the post)