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Litigation

Mar. 1, 2001

Buy, Buy, Happiness

In Erlich v. Menezes, 21 Cal.4th 543 (1999), the California Supreme Court clarified the rules that emotional distress damages are not usually available in a breach of commercial contract context, not available for the negligent breach of a contract, unless the contract's express object is the mental or emotional well being of one of the parties, in which case such damages can be awarded under contract principles, and are not available for suffering arising solely out of property damage claims.

BY MICHELE A. POWERS
        
        In Erlich v. Menezes, 21 Cal.4th 543 (1999), the California Supreme Court clarified the rules that emotional distress damages are not usually available in a breach of commercial contract context, not available for the negligent breach of a contract, unless the contract's express object is the mental or emotional well bein...

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