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

• Author(s) / Creator(s)

  • O'Byrne, Shannon
  • Cohen, Ronnie

• 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

  • LIABILITY for emotional distress
  • BREACH of contract
  • DISTRESS (Psychology)
  • TORTS
  • DAMAGES (Law)

• 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.