"Compensation Is Normally Not Available for Intangible Losses

question 53

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:

Cloning

A process of creating a genetically identical copy of an original organism or gene.

Personality Psychologists

Psychologists who specialize in the study of personality, examining individual differences in behavior, emotion, and cognition.

Extraversion

A personality trait characterized by sociability, talkativeness, assertiveness, and high amounts of emotional expressiveness.

Phenotypic

Pertaining to the observable physical or biochemical characteristics of an organism as determined by both genetic makeup and environmental influences.