Monday, February 25, 2013

Generally, No Recovery of Mental Anguish on a Tortious Interference with Contract Claim

Can mental anguish damages be recovered on a claim for tortious interference with a contract?

Generally, mental anguish damages are not recoverable on a claim for tortious interference with a contract.  This is because the measure of actual damages for tortious interference with a contract is the same as the measure of damages for breach of the interfered-with contract, and mental anguish damages generally are not available for breach  of a contract.  Mental anguish damages are available in "a very limited number of contracts dealing with intensely emotional noncommercial subjects such as preparing a corpse for burial or delivering news of a family emergency."  See City of Tyler v. Likes, 962 S.W.2d 489, 496 (Tex. 1997).

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