An acknowledgment clause in a contract for the sale of land, acknowledging receipt of a prior deed affecting the land, may amount to a substantive undertaking to recognise rights arising under that deed where the matrix of circumstances supports that construction, applying Bahr v Nicolay (No 2). Air travel and living in rented accommodation to fund litigation do not constitute 'physical inconvenience' of the kind that supports an award of damages for consequential mental distress under the exception to the general rule in Baltic Shipping Co v Dillon. Even if common law remoteness principles do not apply to equitable compensation for breach of fiduciary duty, there must still be a relationship or connection between the breach and the claimed damage.
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