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Awarding Damages for Distress and Loss of Reputation in England and Canada

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Chapter Summary

This chapter analyses the rationale underpinning the general prohibition on recovery, given that a significant, and growing number of academic commentators on both sides of the Atlantic have called for its abolition, and to question the suggested recovery criteria envisaged as replacing it. The role of remoteness as the potential governing test of recovery is vital in this debate, particularly as some Canadian courts have demonstrated a clear willingness to adopt it as the sole criterion whenever the courts believe this head of loss should be the subject of an award. However, its application must be judged in the light of the rationale for the general rule and the potential consequences of wholesale adoption of the remoteness test to determine recovery. Finally, it is necessary to consider the nature of these awards and the relatively modest sums awarded as distress loss.

Keywords: academic commentators; Canadian court; distress loss; recovery criteria



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