Underlying Exposures in Mold Claims: What Are the Damages? Part Two

2. For Tortious Breach

Courts typically consider damages for emotional distress as tort damages, and, as such, they usually are not available for breach of contract. The California Supreme Court stated in Erlich that generally contract damages are limited to those

within the contemplation of the parties when the contract was entered into or at least reasonably foreseeable by them at the time; consequential damages beyond the expectations of the parties are not recoverable... In contrast, tort damages are awarded to [fully] compensate the victim for [all] injury suffered.⁴³

However, courts do recognize that, under some circumstances, a breach …