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Damages For Mental Suffering In Discrimination Cases, John E. Duda
Damages For Mental Suffering In Discrimination Cases, John E. Duda
Cleveland State Law Review
This article explores the legal basis for an award of damages for mental suffering caused by unlawful racial discrimination. It necessarily includes religious and nationality discrimination,since these three areas are intertwined in the law. For the most part, the legal principles are applicable alike to all three forms of discrimination. Mental suffering is treated as an element of compensatory damages on the theory that the purpose of such an award is to compensate the claimant for his loss and not necessarily to penalize the discriminator. Punishment enters the analysis only to the extent that the prevailing legal rules governing damage …
Mental Suffering As An Element Of Damages In Defamation Cases, Jack G. Day
Mental Suffering As An Element Of Damages In Defamation Cases, Jack G. Day
Cleveland State Law Review
To insure the focus of theme it is assumed for present purposes that the hurdles of proof and proximate cause in an actionable defamation have been cleared and that there is no concern with any other issues that may arise, offensively or defensively, in a defamation action beyond the propriety, or impropriety, of proving mental suffering as an element of compensable damage. Stated another way, the crux of the matter is whether mental anguish is, can, or ought to be classified as special damage in defamation actions. Punitive damages are, of course, an element of no relevance here except in …