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(1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy.
The buyer may issue a notice of defects, listing the defects to which the buyer objects. It is, however, the seller's choice to elect to cure or make the offer null and void. The buyer may accompany the notice and inspection report with a Cancellation Agreement and Mutual Release (CAMR).
The court pointed out that the law has long permitted a claim for emotional suffering if it is a component of a claim for physical injury sustained in an accident. Emotional harm associated with physical injuries is defined in Wis JI-Civil 1767 as "worry, distress, embarrassment and humiliation."
Emotional distress refers to mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition.
No one wants to discover that their dream home has nightmarish defects, especially after the real estate transaction has already gone down. This is considered a breach of contract, and you have legal rights. A demand letter can explain what you need to be fixed or the money you want to be returned to you.
It includes conditions such as anxiety disorders, depression, post-traumatic stress disorder (PTSD), personality disorders, psychosis, and various other mental illnesses. Mental damage can impact a person's thoughts, emotions, behavior, perception, and overall mental well-being.
The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims.
Mental anguish and emotional distress are sometimes used interchangeably to describe the emotional and psychological impact of a serious injury or a traumatic accident. These damages may be categorized under pain and suffering.