Consequential Damages


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Consequential Damages

Injury or harm that does not ensue directly and immediately from the act of a party, but only from some of the results of such act, and that is compensable by a monetary award after a judgment has been rendered in a lawsuit. Detriment that arises from the interposition of special, unpredictable circumstances. Harm to a person or property directly resulting from any breach of Warranty or from a false factual statement, concerning the quality or nature of goods sold, made by the seller to induce the sale and relied on by the buyer.

In terms of the Uniform Commercial Code (UCC)—a body of law governing commercial transactions adopted by every state except for a few articles that were not adopted in Louisiana—consequential damages are injuries that result from a seller's breach of contract.

Such damages include any loss from general or particular requirements and needs of the buyer that the seller at the time of contracting had reason to know and that could not reasonably be prevented by cover, the purchase of substitute goods or other alternatives.

consequential damages

n. damages claimed and/or awarded in a lawsuit which were caused as a direct foreseeable result of wrongdoing. (See: damages)

CONSEQUENTIAL DAMAGES, torts. Those damages or those losses which arise not from the immediate act of the party, but in consequence of such act; as if a man throw a log into the public streets, and another fall upon it and become injured by the fall or if a man should erect a dam over his own ground, and by that means overflow his neighbor's, to his injury.
     2. The form of action to be instituted for consequential damages caused without force, is by action on the case. 3 East, 602; 1 Stran. 636; 5 T. R. 649; 5 Vin. Ab. 403; 1 Chit. Pl. 127 Kames on Eq. 71; 3 Bouv. Inst. n. 3484, et seq. Vide Immediate.

References in classic literature ?
If A, is the penny sufficient, or may he claim consequential damages in the form of additional money to represent the possible profit which might have inured from the dog, and classifiable as earned incre- ment, that is to say, usufruct?
6) There was no indication in the opinion that consequential damages in the form of lost profits, or other common law compensatory damages, were disallowed under FDUTPA.
Following the incident, which occurred due to a parking error, IRS demanded the payment of NGN3m in consequential damages for the number of days its damaged aircraft could not operate.
It is typical for an exchange not to accept liability for transactions or consequential damages, and legal outcomes on B2B exchanges may vary from the intentions of disclaimers and contract limitations.
Cotton was a Washington state tax malpractice case in which the plaintiff sought additional tax and consequential damages, claiming that his accounting firm had made a mistake in classifying an income item on a sales tax return.
Coverage exists when this negligent act, error or omission results in consequential damages arising from a breach of contract when the insured's electronic product or service fails to serve its intended purpose.
In no event shall IIS be liable for any indirect, special or consequential damages in connection with use of any information or derived using information based on any Investment Manager Top-Guns results.
This includes as well a the third party liability for consequential damages.
RSBB-I, LLC shall have no liability for any errors, omissions or interruptions therein and makes no warranties expressed or implied, as to the performance or results experienced by any party from the use of any information included therein or upon which it is based, and expressly disclaims all warranties of the merchantability or fitness for a particular purpose with respect thereto, and shall not be liable for any claims or losses of any nature in connection with the use of such information, including but not limited to, lost profits or punitive or consequential damages even, if RSBB-I, LLC is advised of the possibility of same.
According to the Court of Appeal of Florida, the proper method of calculating damages for the wrongful filing of a lis pendens is the difference between fair market value at the time of filing of the lis pendens and fair market value at the time of termination, plus any consequential damages.
Property owners faced with consequential damages stemming from a contractor's breach of contract may believe they have no recourse.
IRS also demanded the payment of NGN3m in consequential damages for the number of days its damaged aircraft could not operate.