Damages for Mental Distress Arising out of Contracts of Carriage

Résumé

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.