If the forseeability is at the time of contracting then how are the damages for distress forseeable. The court then goes on to state that emotional distress would be forseeable in nearly every breach. I think emotional distress damages should not be recoverable, but the court seems to suggest that emotional damages are forseeable and the reason that courts do not award damages is based upon economic efficiency and that the purpose of the contract would be destroyed. I do not see how distress damages would be forseeable at the time of the contracting in most cases. You may not fully appreciate the quote from Dobbs in that passage at 1047.
Most people feel distress at the loss of money, especially if the contract is for any sizable sum.
That is, one can certainly see that an elastic term like foreseeability might encompass emotional harm in any contract for a substantial sum of money. The real bite of the restriction on emotional damages is that they are not recoverable even where they are foreseeable. Think about my hypo regarding the landscaper and his contract with Big Company. Q. I would like to ask about page 1264 in the casebook ucc 2-709 seller s action for the price. The book says a seller may not recover the price after an effective rejection, even if the rejection is wrongful.