Before the late 1800's it undoubtedly would have been contrary to law to assert that damages for mental suffering might be allowed in breach of contract actions. However, near the beginning of the Nineteenth Century a few courts made what was considered to be a serious departure from the common law and allowed such damages in certain types of cases. The passing of years has brought about considerable, though incomplete, development in this phase of the law. Not only have legal writers failed to give this development the comment which its significance warrants, but the courts have failed to indicate the bases for their decisions on this question. Accordingly a great amount of confusion has enveloped the entire problem. It is the purpose of this note to attempt a logical categorization and discussion of the various rules which the courts apply to the problem, and to submit what precedent and socio-economic circumstances should be considered in determining the most desirable rule.
Law Review Staff,
Recovery of Damages for Mental Anguish Alone in Breach of Contract Actions,
6 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol6/iss3/14