an increasingly popular basis for a claim of damages in lawsuits for injury due
to the negligence or intentional acts of another. Originally damages for emotional
distress were only awardable in conjunction with damages for actual physical harm.
Recently courts in many states, including New York and California, have recognized
a right to an award of money damages for emotional distress without physical injury
or contact. In sexual harassment claims, emotional distress can be the major, or
even only, harmful result. In most jurisdictions, emotional distress cannot be claimed
for breach of contract or other business activity, but can be alleged in cases of
libel and slander. Evidentiary problems include the fact that such distress is easily
feigned or exaggerated, and professional testimony by a therapist or psychiatrist
may be required to validate the existence and depth of the distress and place a
dollar value upon it.
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