"Compensation Is Normally Not Available for Intangible Losses

question 22

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:

Dominant

Referring to an allele or a gene that expresses its phenotype even in the presence of a recessive allele of the same gene.

Genotype

The genetic makeup of an organism consisting of all the DNA sequences (genes) it possesses, determining specific traits.

RR Parent

Refers to a plant that is homozygous for the round seed shape allele in Mendelian genetics, "RR" signifies both alleles for a trait are the same (dominant).

Dominant Phenotype

The observable trait or characteristics of an organism that masks the effect of a recessive allele; it is expressed in the phenotype when a dominant allele is present.