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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 14

Citation
Section 14
Parent Document
Simon v. Solomon, 431 N.E.2d 556 (1982)
Jurisdiction
Massachusetts (state)
Effective Date
1982-01-18

Other Sections in This Document (136)

Full Text

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of damages under G. L. c. 186, § 14: actual and consequential damages, or three months’ rent, whichever is greater. Actual and consequential damages, he explained, included rent paid in excess of the apartment’s value, income lost as a result of injury, and “any damage resulting from emotional distress.” For breach of the warranty of habitability, the judge instructed the jury to calculate the difference between rent paid and the value of the apartment in its defective condition. Finally, he described the elements of damage for reckless infliction of emotional distress as lost income, medical and psychiatric expense, and past, present and future pain and suffering.