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Part Two Compensation, s.Two Damages for the Different Types of Loss, 14 Mental distress or physical inconvenience (except consequent on personal injury or death)

Andrew Burrows

From: Remedies for Torts, Breach of Contract, and Equitable Wrongs (4th Edition)

Andrew Burrows QC FBA

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 29 March 2023

Breach of contract — Calculation of damages — Loss of chance and damages

Mental distress includes disappointment, worry, anxiety, fear, upset, and annoyance. All non-pecuniary loss is regarded as ultimately dealing with distress or loss of happiness. In order to put the claimant into as good a position as if the tort or breach of contract had not occurred, damages for mental distress or physical inconvenience should be awarded whenever mental distress or physical inconvenience result from a tort or breach of contract. Traditionally, however, the courts have been reluctant to award mental distress damages, particularly for breach of contract. This chapter discusses when damages are awarded for mental distress or physical inconvenience, and the assessment of damages for mental distress or physical inconvenience.

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