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Damages for mental distress are generally not appropriate in the context of a contract dispute. Furthermore, damages for mental distress are generally limited to situations where the behavior of one party is extremely outrageous. Due to these limitations, absent information that would lead one to believe that Black engaged in behavior that was specifically intended to harass Jones, damages for mental distress are inappropriate in this case.
However, Jones is entitled to receive damages above and beyond his restitution interest and punitive damages. In general, a prevailing party is entitled to court costs and reasonable legal fees. Therefore, as the prevailing party, Jones is entitled to recover the amount of money he was forced to expend to pursue his remedies. However, Jones may not be entitled to recover the actual amount he...
The court may determine an appropriate fee award for the litigation involved in this case, based on both the complexity of the case, the average fee for trial attorneys in the area, and the hours devoted to the case. This amount may or may not reflect the actual amount that Jones has spent on attorneys. In addition, the court may apply the same standard when determining Jones' costs, including the amount spent on whatever experts were needed to demonstrate that the signature on the ball was a forgery.
Works Cited
Security Stove & Mfg. Co. v. American Ry. Express Co., 51 S.W. 2d 572 (Mo. Ct. App. 1932).
Sheridan v. Sheridan, 247 N.J. Super. 552, 589 A.2d 1067 (1990).
Sturm, Ruger & Co., Inc. v. Day, 594 P.2d 38 (Alaska 1979).
Vermont…
Works Cited
Security Stove & Mfg. Co. v. American Ry. Express Co., 51 S.W. 2d 572 (Mo. Ct. App. 1932).
Sheridan v. Sheridan, 247 N.J. Super. 552, 589 A.2d 1067 (1990).
Sturm, Ruger & Co., Inc. v. Day, 594 P.2d 38 (Alaska 1979).
Vermont Women's Health Center v. Operation Rescue, 159 Vt. 141, 617 A.2d 411 (1989).
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