Priyanshi Jain ,
Emotional Distress and Claim in Law of Torts,
6 (1) IJLMH Page 669 - 677 (2023), DOI: https://doij.org/10.10000/IJLMH.114103
This article will analyse the concept of emotional distress which is caused due to physical injury in torts. Traditionally, emotional anguish has been characterised as "parasitic" in nature and is only understood through the lens of a physical damage. The significance of acknowledging emotional suffering as a separate cause of action was realised as a result of shifting social perceptions. A person's physical and mental integrity can be violated, and the plaintiff can suffer a corresponding loss. Today, this tort is widely recognised as a distinct cause of action in the majority of legal systems around the world.
Hence this article will discuss the different torts which cause emotional distress to the plaintiff through various case laws related to this. Also, this will discuss that whether emotional distress is taken into consideration or not under torts.
Then this article will also discuss the cause of action and various grounds for claim of damages under emotional distress in torts. This paper will also be throwing light on remedies available for emotional distress in torts.
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