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?
Tenders are invited for guarantee civil and patrimonial liability and negative economic consequences that may affect directly, jointly and severally the administration of the principality, for personal and material damage and consequential damages, as well as non-consecutive damage to personal and material damage caused by action or omission to third parties, in the exercise of the administrative activity, as well as derivatives of public liability.
Without limiting any of the foregoing, in no event shall John Hancock Advisers, LLC or Dimensional Fund Advisors LP have any liability for any special, punitive, direct, indirect or consequential damages (including lost profits) arising out of matters relating to the use of the Index, even if notified of the possibility of such damages.
com/tv/2017/10/03/legends-tomorrow-season-3-preview-spoilers/) Entertainment Weekly , Marc Guggenheim, executive producer of CW's "Legends of Tomorrow," said that the Time Bureau fixes time in the "proper way," and while the Legends also get the job done, they often end up fulfilling their tasks with consequential damages.
Companies include clauses in their contracts with customers that exclude liability for negligence, lost profits or consequential damages, among other things.
The canonical information-forcing default in Hadley thus limits a party's consequential damages for breach unless she discloses any special circumstances that may cause unusual losses.
Delaware allows the parties to agree to limit certain types of damage, such as consequential damages, unless the exclusion is unconscionable, unreasonable, or causes the remedy to fail of its essential purpose (which, when limiting consequential damages, is assumed in the case of consumer goods, but not in the case of commercial loss).
Generally, direct damages are those damages that flow directly and immediately from a breach, while consequential damages are further removed.
Even in Pickett, the court questioned the plaintiff's claim for consequential damages.
ARWG also seeks to limit warranties on components and to remove liability for incidental and consequential damages.
Following joinder of issue and discovery, defendant moved for partial summary judgment dismissing certain claims, including plaintiffs' claim for consequential damages, and also sought to preclude plaintiffs' expert from testifying at trial.
We try to curb consequential damages by arriving fast, removing involved vehicles to reduce traffic jams and facilitate traffic flow to avoid further accidents," Engineer Ebrahim Yousuf Ramel, chief executive officer of Saaed, told Gulf News.