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Because of Covid-19, Huan (who is a critical worker) has been working from her home. Because Huan does not have any spare rooms in her small house, she was initially using her dining room table as her desk. In May 2020, Huan decided to ask John for a quote to build a ‘garden office’ in her garden which could be used as an office.

John knew that his garden offices were not suitable for UK winters. However, when John visited Huan, John said: ‘I sell the UK’s best garden offices and working inside one of my garden offices is just as comfortable as working inside a palace.’ John also said: ‘I plan to give critical workers a 10% discount.’

Huan’s wife, Ayesha, cautioned Huan about buying the garden office – Ayesha thought that the garden office would be too cold in the winter. Huan decided to proceed anyway, as she was desperate for the additional space. After the garden office was built in June 2020, Huan was very pleased because she was initially able to work peacefully in it. In September 2020, however, when the weather became cold, Huan started complaining to Ayesha. In February 2021, the UK was hit by very cold weather, and Huan was no longer able to work in the garden office. Huan decided to contact John. At that point, Huan also realised that she was not given a 10% discount. John has ignored all of Huan’s calls and emails.

Advise Huan on any claims or remedies she may be entitled to for misrepresentation against John.

Question 2

‘Damages aim to compensate the innocent contractual party for the loss they sustained.’

Discuss to what extent this statement reflects the legal position, taking particular account of the approach to non-pecuniary loss. Answer with reference to relevant case law and academic commentary.

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