Lane dropped her 18 month old daughter off at the daycare.
She left orders to allow the daycare to give her medication.
The daycare put her in a crib and forgot about her.
The looked the doors and turned off the lights.
The mother had to call the police.
The police had to break in.
The mother discover that the child was not given her medicine as well.
Pl - claims
Plaintiff filed a complaint against defendant, alleging breach of
contract, statutory, regulatory, and internal policy violations,
negligence, and gross negligence, and seeking exemplary damages.
Df - Move for
Defendant moved for summary disposition of plaintiff's claims pursuant
to MCR 2.116(C)(8) and (C)(10).
After a hearing, the trial court granted summary disposition of
T.Ct erred in granting summary disposition on the grounds that the Pl -
failed to allege compensable emotion distress.
Recovering Damage for Breach of Contract (Generally Statement)
The recovery of damages for the breach of a contract is limited to
those damages that are a
natural result of the breach
that are contemplated by the
parties at the time the contract was made.
Recovering Damage for Breach of Contract (Commercial)
Damages for emotional distress cannot be recovered for the breach of a
Recovering Damage for Breach of Contract (Personal)
Damages for emotional distress may be recovered for the breach of a
contract in cases that do not involve commercial or pecuniary
contracts, but involve
contracts of a personal nature.
When we have a contract concerned not with trade and commerce
but with life and death, not with profit but with
elements of personality, not with pecuniary aggrandizement
but with matters of mental concern and solicitude, then a breach
of duty with respect to such contracts will inevitably and
necessarily result in mental anguish, pain and suffering. In
such cases the parties may reasonably be said to have contracted
with reference to the payment of damages therefor in event of
breach. Far from being outside the contemplation of the parties
they are an integral and inseparable part of it.
Example Of Personal Nature Contracts
To perform a cesarean section,
A contract for the care and burial of a dead body,
A contract to care for the plaintiff's elderly mother and to notify the
plaintiff in the event of the mother's illness,
A promise to marry,
The contract involved in the instant case was
personal in nature,
rather than commercial.
At the time the contract was executed,
it was foreseeable
that a breach of the contract
would result in
mental distress damages to plaintiff, which would extend beyond
the mere "annoyance and vexation" that normally accompanies the
breach of a contract.
Such damages are clearly within the
contemplation of the parties to such a contract.
Reasoning for Dismissal
On the ground that plaintiff failed to plead that she suffered a
definite and objective physical injury as a result of her
Damages may be awarded for emotional distress
caused by a breach of a
personal contract even where the emotional
distress does not result in a physical injury.
We therefore conclude that the trial court erred in granting summary
disposition of plaintiff's breach of contract claim