Emotional distress damages

Definition

Emotional distress damages are a type of compensation awarded to individuals who have suffered psychological trauma as a result of another party's wrongful actions. This form of damage is often sought in tort cases and can arise from various situations, including breach of contract scenarios where emotional harm is a consequence of the breach. The aim is to provide relief for the emotional suffering that cannot be quantified in economic terms, recognizing the impact such distress can have on a person's life.

5 Must Know Facts For Your Next Test

1. Emotional distress damages are typically awarded in cases where the plaintiff can demonstrate significant psychological impact due to the defendant's actions.
2. In many jurisdictions, plaintiffs must provide evidence such as medical records or expert testimony to substantiate their claims of emotional distress.
3. These damages are distinct from other forms of compensation, such as economic losses or physical injury, focusing instead on non-economic harm.
4. The amount awarded for emotional distress can vary widely based on factors like the severity of the distress and its duration, with some cases resulting in substantial payouts.
5. Emotional distress claims can arise in various contexts, including workplace disputes, harassment cases, and even certain breaches of contract where emotional well-being is impacted.

Review Questions

• How do emotional distress damages relate to breaches of contract and what must a plaintiff prove to recover these damages?
  • Emotional distress damages can be claimed in breach of contract cases when the breach causes significant psychological harm to the affected party. To recover these damages, a plaintiff typically must prove that the breach resulted in severe emotional distress and provide evidence such as medical documentation or expert testimony. Additionally, the plaintiff needs to show that the emotional harm was a foreseeable consequence of the breach.
• Discuss the criteria used by courts to evaluate claims for emotional distress damages and how they differ from other types of damages.
  • Courts evaluate claims for emotional distress damages based on several criteria including the severity of the emotional impact, the connection between the wrongful act and the distress suffered, and the availability of corroborating evidence. Unlike economic damages that are quantifiable (like lost wages), emotional distress damages focus on subjective experiences and non-economic harm, making them more challenging to assess. Courts may also consider if there was intent or negligence involved in causing the distress.
• Critically analyze the implications of awarding emotional distress damages in breach of contract cases on future contractual relationships and business practices.
  • Awarding emotional distress damages in breach of contract cases could significantly impact future contractual relationships by increasing the potential liability for businesses and individuals. This may lead parties to exercise greater caution when entering contracts, emphasizing clear communication and fulfillment of obligations to avoid psychological harm claims. However, it may also create a chilling effect where individuals become reluctant to enforce their contractual rights due to fear of hefty emotional damage awards, complicating the dynamics of contractual agreements and enforcement.

Related terms

tort law: A branch of law that deals with civil wrongs, providing remedies to individuals harmed by the wrongful acts of others.

punitive damages: Monetary compensation awarded in excess of actual damages, intended to punish the wrongdoer and deter similar conduct in the future.

contractual breach: The failure of one party to fulfill their obligations under a contract, which may lead to legal remedies including damages.