I have a dispute with a Bank which is set to go before a banking
ombudsman. Basically I am saying that the Bank has been negligent in
its record keeping and has breached its Terms and conditions
concerning the award of the prizes in a Contest.
  Assuming that I am able to prove my case, I will also need to
justify the damages (besides the prize) which I am claiming for the
hurt, distress and anxiety suffered and also for the loss of enjoyment
and the loss of satisfaction of being the top winner, all as a result
of the Bank's action.
   Do you have any legal precedents on the damages that has been
previously awarded for hurt, distress and anxiety suffered and/or for
the loss of enjoyment and the loss of satisfaction? I would preferably
like legal precedents which show that large damages have been paid
previously.
   The legal system is English/British Commonwealth, but I am also
happy to have precedents from the USA, where the quantum of damages
are usually much higher. If the answer is very helpful to me, I will
give you a tip.

---

Request for Question Clarification by cynthia-ga on 11 May 2006 01:49 PDT

Do any of the three cases here help?
http://www.snopes.com/business/deals/hummer.asp

One thing you should know if I am not mistaken is that for the
precedent to be relevent it must be effective within your district. 
I.E. a decision made in the 9th circuit would have no relevence in the
1st district, etc.

I am not a lawyer but that is my understanding.

By district above I meant to say circuit.

The bank 'has breached its Terms and conditions concerning the award
of the prizes in a Contest'.

In other words, you didn't win a prize in some 'Contest'.

Big Deal!

The Ombudsman is not likely to be amused and I would quantify your
'Damages' as Zero.

So long as the legal precedents are fairly well known, I am not so
bothered about its source. For example, I am aware of Farley v Skinner
and Ruxley v. Forsyth. My question is whether do any know of other
similar legal precedents?

As to probonopublico, you are not aware of the details of this case at
all, so please keep your comments to yourself.

Rather than attacking Bryan, why not enlighten us on why you deserve damages.

You are wasting the your time,You are wasting the ombudsmans time
.Its not his job to sort out your holiday problems,
 the banks always win.
Have you examined the FULL set of rules the contest was set under.
Not just the one you think was broken.
Kemlo

At best, I expect that your damages would be in the form of a press
release announcing that you were the true winner.