CONTRACTUAL DAMAGES FOR INTANGIBLE LOSS: A COMPARATIVE ANALYSIS
AbstractIn this article, the author attempts to chart the progress of claims for intangible (or nonpecuniary) loss in the event of a breach of contract. French and Quebec civil law, and the common law of England and the Canadian provinces other than Quebec are examined with a view to discovering how and to what extent such claims are accommodated in the range of interests protected by contract law. An inquiry is made into the reasons underlying the increasing incidence of such awards and an effort is made to explore the justifications for them, as well as the principles to be considered when damages are quantified. In the process, the observations are made that the common law of contract has no ready doctrinal basis to explain intangible loss awards but that the civil law has long accepted them within the framework of a unified law of obligations.
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