11-9 Other Pecuniary and Intangible Damages
11-9:1 Loss of Credit or Injury to Credit Reputation
"[A]ctual damages for loss of credit or injury to credit reputation in an action for breach of contract may be recovered when there is evidence that loss of credit was a natural, probable, and foreseeable consequence of the defendant's breach."203 Loss of credit or injury to credit reputation can also be a compensable injury in tort cases, such as for defamation204 and fraud.205
11-9:2 Reputation Damages to a Corporation
A corporation may recover general damages for loss of reputation, which constitute noneconomic rather than economic damages.206 "[t]hese non-pecuniary damages do not require certainty of actual monetized loss. Instead, they are measured by an amount that 'a reasonable person could possibly estimate as fair compensation.'"207
11-9:3 Reputation and Mental Anguish Damages to an Individual
these noneconomic damages "cannot be determined by mathematical precision; by their nature, they can be determined only by the exercise of sound judgment."208 Compensation for mental anguish can only be assessed for evidence of "substantial disruption in . . . daily routine" or "a high degree of mental pain and distress."209 Mental anguish...
