What is the test for an independent actionable wrong?
Canada (Federal), Canada
The following excerpt is from Fidler v. Sun Life Assurance Co. of Canada, [2006] 2 SCR 3, 2006 SCC 30 (CanLII):
55 The recognition that Hadley v. Baxendale is the single and controlling test for compensatory damages in cases of breach of contract therefore refutes any argument that an “independent actionable wrong” is a prerequisite for the recovery of mental distress damages. Where losses arise from the breach of contract itself, damages will be determined according to what was in the reasonable contemplation of the parties at the time of contract formation. An independent cause of action will only need to be proved where damages are of a different sort entirely: where they are being sought on the basis of aggravating circumstances that extend beyond what the parties expected when they concluded the contract.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the wrongful detention statute require a showing of coercion independent from the coercion inherent in wrongful detention itself? (MultiRegion, United States of America)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
Is a wrongful death a cause of action for personal injury to the beneficiary of the action? ("New York", United States of America)
In a wrongful death action for personal injury and pain and suffering incurred by the beneficiaries of the deceased, is there a right to double recovery of the expenses incurred in the absence of a survival action? ("New York", United States of America)
What are the alternative grounds for a motion to dismiss a claim for wrongful dismissal of an action for breach of contract? (MultiRegion, United States of America)
Is an action by the Federal Trade Commission final in a functional sense, even though other agency actions may follow? (MultiRegion, United States of America)
What is the applicable limitation period for a claim for damages arising out of an action where the material facts underlying the cause of action became known? (Canada (Federal), Canada)
Is Defendant Lewis entitled to qualified immunity in a civil action for wrongful dismissal? (MultiRegion, United States of America)
What is the difference between a class action and a similar class action? (MultiRegion, United States of America)
Can a claim be struck against Her Majesty The Queen on the grounds that, as now pleaded, it discloses no cause of action and may prejudice or delay the fair trial of the action? (Canada (Federal), Canada)
