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Cry Me a River: Recovery of Mental Distress Damages in a Breach of Contract Action - A North American Perspective

  • Author(s) / Creator(s)
  • The article focuses on the recovery of mental distress damages in breach of contract cases in an American and Canadian legal context. It argues that U.S. and Canadian courts should dismiss the general rule against the recovery of intangibles. The article offers discussions of mental distress damages in tort cases and as related to the Restatement (Second) of Contracts, contract law, and recovery based on the fact of breach. Several cases are cited.

  • Date created
    2005
  • Subjects / Keywords
  • Type of Item
    Article (Published)
  • DOI
    https://doi.org/10.7939/R3G15TQ8N
  • License
    © 2005 O'Byrne, S., & Cohen, R. This version of this article is open access and can be downloaded and shared. The original author(s) and source must be cited.
  • Language
  • Citation for previous publication
    • O'Byrne, S., & Cohen, R. (2005). Cry Me a River: Recovery of Mental Distress Damages in a Breach of Contract Action - A North American Perspective. American Business Law Journal, 42(1), 97-143. dx.doi.org/10.1111/j.1744-1714.2005.00016.x
  • Link to related item
    dx.doi.org/10.1111/j.1744-1714.2005.00016.x