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психологические переживания (sva); моральный вред an increasingly popular basis for a claim of damages in lawsuits for injury due to the negligence or intentional acts of another. Originally damages for emotional distress were only awardable in conjunction with damages for actual physical harm. Recently courts in many states, including New York and California, have recognized a right to an award of money damages for emotional distress without physical injury or contact. In sexual harassment claims, emotional distress can be the major, or even only, harmful result. In most jurisdictions, emotional distress cannot be claimed for breach of contract or other business activity, but can be alleged in cases of libel and slander. Evidentiary problems include the fact that such distress is easily feigned or exaggerated, and professional testimony by a therapist or psychiatrist may be required to validate the existence and depth of the distress and place a dollar value upon it. (See: damages) Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. (Alexander Demidov); нравственные страдания (a highly unpleasant emotional reaction (as anguish, humiliation, or fury) which results from another's conduct and for which damages may be sought – called also emotional harm, mental anguish, mental distress, mental disturbance, mental suffering; see also outrage, zone of danger • Damages may be recoverable for emotional distress that is caused intentionally or negligently. Recovery for negligent infliction of emotional distress often requires that the plaintiff suffer a physical injury as well. MWDL Alexander Demidov); моральные страдания (Severe mental and emotional suffering that results from another person’s conduct. ELD Alexander Demidov) |
