Berry v Da Costa

Facts

A woman sued for breach of promise and the question was what the damages could include beyond money she had spent.

Issue

Are injured feelings and the loss of the marriage part of the damages?

Held

Yes. Willes J held that the jury is not confined to pecuniary loss.

Principle

General damages for breach of promise include injured feelings, wounded pride, and the loss of the status of marriage.

Why it matters

Still the measure in Sierra Leone, because the English abolition of the action in 1970 was not adopted.

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