Silva v. Albuquerque Assembly & Distribution Freeport Warehouse Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that the purpose, in an action for breach of an employment contract, is to restore to the plaintiff what was lost by the breach
• stating that the principle that the tort of retaliatory discharge is “ ‘unnecessary and inapplicable’ when the employee is protected from wrongful discharge by an employment contract”
• finding no error when jury instructed that employee could recover for either breach of implied employment contract or retaliatory discharge
• stating the plaintiff had the light to what she could have reasonably expected had there been no breach of contract
• holding “damages for emotional distress are not recoverable in an action for breach of contract, whether express or implied, in the absence of a showing that the parties contemplated such damages at the time the contract was made.”
• finding no error when jury instructed that employee could recover for either breach of implied employment contract or retaliatory discharge

Source: CourtListener parenthetical corpus (CC0).