Can you get emotional distress damages for breach of contract California?

Can you get emotional distress damages for breach of contract California?

In California, like in many other states, emotional distress damages are generally not recoverable for simple breach of contract claims. The primary goal of contract law is to compensate the non-breaching party for the economic losses incurred as a result of the breach. Emotional distress damages, being non-economic in nature, do not fit within this framework and are therefore usually not awarded for breach of contract.

However, there are certain exceptions and scenarios under which emotional distress damages may be recoverable in contract breach cases in California, but they are limited and require specific circumstances. One such exception is when the contract itself contemplates the potential for emotional distress. For example, if the contract relates to sensitive matters such as healthcare, funeral services, or psychological counseling, and the breach directly results in emotional harm, the injured party may seek emotional distress damages.

Another exception is when the breach of contract also involves an independent tort, such as fraud, intentional misrepresentation, or intentional infliction of emotional distress. In such cases, where the breach goes beyond simple contractual obligations and involves intentional or negligent acts that cause emotional harm, the injured party may seek emotional distress damages as part of their overall compensation.

It's important to note that even in cases where emotional distress damages may be recoverable, proving such damages can be challenging. The injured party must provide sufficient evidence to demonstrate that the emotional distress was a direct and foreseeable consequence of the breach, and that it resulted in significant harm or emotional suffering.

In California, the prevailing standard for recovering emotional distress damages in breach of contract cases is known as the "out-of-pocket" rule. This means that the injured party can only recover damages that are directly related to the breach and that would put them in the position they would have been in had the contract been fulfilled. Emotional distress damages are typically considered "inconsequential" damages and may not be recoverable under this rule.

In conclusion, emotional distress damages for breach of contract claims in California are generally not awarded unless specific exceptions apply. While emotional distress may result from a breach, the primary focus of contract law remains on compensating the non-breaching party for economic losses. If an individual believes they have a valid claim for emotional distress damages in a breach of contract case, it is advisable to consult with an experienced attorney who can evaluate the specific circumstances and applicable laws to determine the best course of action.

Frequently Asked Questions

No, in California, emotional distress damages are generally not available for breach of contract claims alone. Breach of contract cases focus on the loss of the bargain or economic damages suffered by the non-breaching party.

In California, the non-breaching party can typically recover compensatory damages, which aim to put the injured party in the same financial position they would have been if the breach had not occurred. This can include specific performance, economic damages, consequential damages, or nominal damages.

In some limited circumstances, emotional distress damages may be awarded in addition to the traditional breach of contract damages in California. However, this usually requires showing that the emotional distress was a direct result of the breach and not merely a foreseeable consequence.

Examples of cases where emotional distress damages were awarded for breach of contract in California include situations where the breach involved extreme and outrageous conduct, intentional infliction of emotional distress, or a breach of contract that also violated a duty imposed by law, such as employment discrimination or harassment.

If the breach of contract also involved conduct that goes beyond the typical business transaction and rises to the level of a tort, such as fraud, misrepresentation, or interference with contractual relations, the injured party may have a separate cause of action for emotional distress damages under those tort theories in California.