mental anguish legal definition, law term - Dictionary of Law

Mental anguish - n. mental suffering which includes fright, feelings of distress, anxiety, depression, grief and/or psychosomatic physical symptoms. It is distinguished from physical pain due to an injury, but it may be considered in awarding damages for physical injury due to a defendant's negligence or intentional infliction of harm. Where there is no physical injury, damages can still be awarded for mental anguish if it is reasonable to presume such would naturally flow from the incident. Examples: holding a pistol to one's head, any threat of bodily harm when it appears it could be carried out, swinging with a scythe even though the assailant missed, or witnessing injury or death to a loved one. There are also situations in which the obvious result of the alleged wrongdoing would be mental distress due to embarrassment or damage to one's reputation through libel, and therefore damages can be awarded to the distressed party. However, there are limits: in general, breach of contract judgments cannot include damages for mental anguish due to the loss of a deal or employment. But then there is the case of the shop which failed to deliver the bridal gown in time for the wedding-mental anguish flows naturally (along with the bride's tears) from such a breach.

Related Law Terms

act of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer!
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages
exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
general damages :: n. monetary recovery (money won) in a lawsuit for ... s exemplary damages special damages
injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages
pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering
permanent disability :: n. an injury which impairs the physical and/or men ... t injury Workers' Compensation Acts
permanent injury :: n. physical or mental damage which will restrict t ... ges. See also: permanent disability
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict
rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering
temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving.
Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company.

Other Law Terms - M

M. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandi
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta.
mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out.
maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem
majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority
make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note
make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages
maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note
malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum
malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
mandatory :: adj., adv. absolutely demanded or required. ... v. absolutely demanded or required.
mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder

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mental anguish :: legal definition

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Other Law Terms - M



Dictionaries Dictionary of Law	A B C D E F G H I J K L M N O P Q R S T U V W X Y Z mental anguish :: legal definition Mental anguish - n. mental suffering which includes fright, feelings of distress, anxiety, depression, grief and/or psychosomatic physical symptoms. It is distinguished from physical pain due to an injury, but it may be considered in awarding damages for physical injury due to a defendant's negligence or intentional infliction of harm. Where there is no physical injury, damages can still be awarded for mental anguish if it is reasonable to presume such would naturally flow from the incident. Examples: holding a pistol to one's head, any threat of bodily harm when it appears it could be carried out, swinging with a scythe even though the assailant missed, or witnessing injury or death to a loved one. There are also situations in which the obvious result of the alleged wrongdoing would be mental distress due to embarrassment or damage to one's reputation through libel, and therefore damages can be awarded to the distressed party. However, there are limits: in general, breach of contract judgments cannot include damages for mental anguish due to the loss of a deal or employment. But then there is the case of the shop which failed to deliver the bridal gown in time for the wedding-mental anguish flows naturally (along with the bride's tears) from such a breach. See also: damages mental suffering and Related Law Terms ↓ Related Law Terms act of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer! adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud general damages :: n. monetary recovery (money won) in a lawsuit for ... s exemplary damages special damages injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering permanent disability :: n. an injury which impairs the physical and/or men ... t injury Workers' Compensation Acts permanent injury :: n. physical or mental damage which will restrict t ... ges. See also: permanent disability proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving. Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company. Popular Law Searches legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment. chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - M M. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandi magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out. maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate mandatory :: adj., adv. absolutely demanded or required. ... v. absolutely demanded or required. mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder more terms, I said mooore!! quickly!
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