"Compensation Is Normally Not Available for Intangible Losses

question 35

Essay

"Compensation is normally not available for intangible losses. Recently, however, Canadian courts have begun to award compensation in such circumstances if one of the purposes of the contract was to protect the plaintiff's peace of mind. In one case, for instance, an elderly couple was awarded damages for the grief that they suffered after their beloved dog was suffocated in an airplane's cargo hold. The couple had stressed to the airline, at the outset, how much the dog meant to them." On the basis of such cases, it has been suggested that compensation is available for intangible losses if they are not too remote from the defendant's breach. Formulate an argument that supports that statement.

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Definitions:

Purposes

The reasons or intentions behind actions or decisions, often outlining the objectives or goals.

Hypothesis Role

The function or purpose a hypothesis serves in an empirical study, typically as a presumptive statement to be tested.

Hypothesis

A proposed explanation for a phenomenon, made as a starting point for further investigation.

Good Hypothesis

A proposed explanation for a phenomenon that is specific, testable, and based on existing knowledge.