La. Civ. Code art. 1998

This is the official text of La. Civ. Code art. 1998, part of Louisiana’s Civil Code — louisiana's civil law tradition codifies persons, property, obligations, and family relations here rather than in a separate statutory code.

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Damages for nonpecuniary loss

Official statutory text

Damages for nonpecuniary loss may be recovered when the contract, because of its nature, is intended to gratify a nonpecuniary interest and, because of the circumstances surrounding the formation or the nonperformance of the contract, the obligor knew, or should have known, that his failure to perform would cause that kind of loss.

Regardless of the nature of the contract, these damages may be recovered also when the obligor intended, through his failure, to aggrieve the feelings of the obligee.

Acts 1984, No. 331, ยง1, eff. Jan. 1, 1985.

Status: in_force · Read it on the official government site

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