Breach of Contract and Mental Distress

Breach of contract

Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY...................................................................................................................................3
English contract law relates to claiming damages for mental distress upon breach of contract.
................................................................................................................................................3
Principles of contract law.......................................................................................................4
Issues impacting contract law development...........................................................................6
How a contract is formed and its implication to other parties................................................6
Identify and evaluate obligations of parties to contracts and legal consequences of any
breaches..................................................................................................................................7
Use the primary and secondary sources and give advice.......................................................9
To communicate and present knowledge and understanding...............................................10
CONCLUSION..............................................................................................................................11
BIBLIOGRAPHY .........................................................................................................................12

INTRODUCTION
Mental and physical both kind of distress impact on human being. Sometimes
negligence’s not only gives financial loss to person but can also create problems such as anxiety,
depression etc 1. When two parties comes into contract with acceptance to work according to
each other rights and responsibilities. When one party refuses to work according to their duty
then it is an breach of contract and another party has a right to sue. Breach of contract effects
mental health of an individual due to loss in their business. Study will argue on whether English
contract law relation to claiming damages for mental distress consequent upon breach of contract
or not.
MAIN BODY
English contract law relates to claiming damages for mental distress upon breach of contract.
Mental distress due to breach of contract is both real and significant damage. In the
traditional position the mental distress damages are not recoverable 2. In this genral rule stated
that, plantiff is not entitiled for general damages for mental stress and other kind of intagibles as
humilation, upset, disappintment, furstration and anxiety in the face of breach. Thus, number of
the cases are registered for mental resultuing fron a brach of contract and this generally met with
disfavour by courts. The vast number of the cases are founded to be the commercial tractions and
in such kind of cases recovery for the mental sufferuing is denied.
Different rules and regulation need to be studied before signing a contract. Contract is
made when both parties are agreed to come in a contract. Doctrine are legal framework and set of
rules that are important while judgment in a legal case. Breach in a contract effect overall mental
health of an individual is not able to work effectively. Due to breach in an important contract a
person suffers from anxiety, trauma, depression and illness.
Contract is most important part of a persons life to take legal and important decision. For
example when a person goes to restaurant then to use their services and food they need to enter
1 Harder, S., 2019. Australian perspectives on contract damages. In Research Handbook on
Remedies in Private Law. Edward Elgar Publishing.
2 . Rizzi, M., 2019. Liability of Media Companies for Mental Harm Suffered by Journalists
Reporting on Traumatic Events: YZ (a Pseudonym) V the Age Company Ltd [2019] VCC
148. Marco Rizzi,'Liability of media companies for mental harm suffered by journalists reporting
on traumatic events: YZ (a pseudonym) v The Age Company Ltd [2019] VCC. 148(23). p.3.

into a contract with restaurant to pay money for services. When one party offers money for
goods or for services and other party accepts offer with legal agreement. Both parties need to
have intention to create a legal relation. Need an agreement between both parties. If a contract is
illegal then it will not approve by court.
Mental distress equally cause loss to person as financial loss. There are many situations
occur when person fail to get desire results, in such condition person go through from depression
and other psychological distress which affect health condition of person badly. Hence this think
must be considered by court and there should be compensate for such kind of issues. As in the
case of Shaw vs Leigh day, court has taken decision in the favor of person which has suffered
from depression and judges have taken into consideration the psychiatric injury which occur due
to negligence of professionals 3. Hence it is proven that English contract law considers claiming
damages for mental distress consequent upon breach of contract.
Another example of mental distress is Watts vs Morrow and Farley Vs Skinner where
authorities have not given importance to the distress of victim and it is considered as common
object in this contract.
On other hand Johnson vs Gore wood & co [2001] 2 WLR 72 case result shown that
compensation is only allow in commercial cases that means breach of contract is the part of legal
agreement hence it is essential to meet mental fortitude. .
Principles of contract law
Contract law is done to come in a agreement and arranged in following parts.
1. Formation of contract
2. Contents of contract
3. End of contract
Formation of contract
An individual need an agreement to form an contract parties have to gone through
different stages to form a contract.
Offer
3 Dodeen, M.M., 2019. Compensability of Moral Damage in Islamic Contract Law: A
Comparative Analysis of the Palestinian, Jordanian and Qatari Civil Codes. Arab Law
Quarterly. 1(aop). pp.1-24.