Can You Claim Damages for Stress and Inconvenience?
When a contract is breached, the aggrieved party may be entitled to damages for any distress and inconvenience suffered as a result. This is a concept that has been established in a long line of case law, including Watts v Morrow, Ezekiel v McDade, and Hoadley v Edwards.
In these cases, the courts have determined that a claimant can be awarded damages for distress and inconvenience, in addition to any other losses they may have suffered. However, it is important to note that such damages are not always easy to claim.
In order to successfully claim damages for distress and inconvenience, the claimant must be able to prove that the breach of contract caused them to suffer a significant amount of distress and inconvenience. This means that the claimant must be able to demonstrate that the breach of contract caused them to suffer more than just minor inconvenience.
In addition, the claimant must also be able to prove that the breach of contract was the direct cause of their distress and inconvenience. This means that the claimant must be able to demonstrate that the breach of contract was the primary cause of their distress and inconvenience, and not the result of any other factors.
Finally, the claimant must also be able to demonstrate that the distress and inconvenience they suffered was significant enough to warrant an award of damages. This means that the claimant must be able to demonstrate that the distress and inconvenience they suffered was significant enough to warrant an award of damages.
It is important to note that the courts will consider a variety of factors when determining whether a claimant is entitled to damages for distress and inconvenience. These factors include the nature of the breach of contract, the severity of the breach, the amount of distress and inconvenience suffered, and the claimant’s ability to mitigate their losses.
In conclusion, it is possible to claim damages for distress and inconvenience suffered as a result of a breach of contract. However, it is important to note that such damages are not always easy to claim. In order to successfully claim damages for distress and inconvenience, the claimant must be able to prove that the breach of contract caused them to suffer a significant amount of distress and inconvenience, that the breach of contract was the direct cause of their distress and inconvenience, and that the distress and inconvenience they suffered was significant enough to warrant an award of damages.
