Articles
Published 2008-11-12
Keywords
- mental distress,
- damages for mental distress,
- contract of carriage,
- reasonable foreseeability,
- distress and disappointment damages
- limitation of liability,
- Athens Convention 1974 ...More
Abstract
In this paper, Martin relies on several key case examples as part of his discussion around damages for mental distress, including Baltic Shipping Co v Dillon, a variety of older English decisions, and various cases from the US. Martin argues that a 'general rule' applicable to recovery of damages for non-pecuniary losses, both in Australia and New Zealand, still seems to prefer the 19th Century disdain for contractual damages claims for non-pecuniary loss. Nevertheless, examination of the facts of some contemporary cases reaching trial in the 21st Century seems to confirm that some inroads have been made against the general rule.