mental suffering which includes fright, feelings of distress, anxiety, depression,
grief and/or psychosomatic physical symptoms. It is distinguished from physical
pain due to an injury, but it may be considered in awarding damages for physical
injury due to a defendant's negligence or intentional infliction of harm. Where
there is no physical injury, damages can still be awarded for mental anguish if
it is reasonable to presume such would naturally flow from the incident. Examples
holding a pistol to one's head, any threat of bodily harm when it appears it could
be carried out, swinging with a scythe even though the assailant missed, or witnessing
injury or death to a loved one. There are also situations in which the obvious result
of the alleged wrongdoing would be mental distress due to embarrassment or damage
to one's reputation through libel, and therefore damages can be awarded to the distressed
party. However, there are limits in general, breach of contract judgments cannot
include damages for mental anguish due to the loss of a deal or employment. But
then there is the case of the shop which failed to deliver the bridal gown in time
for the wedding-mental anguish flows naturally (along with the bride's tears) from
such a breach.
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