Consequential damages refer to indirect losses that occur as a result of a breach of contract or wrongful act, beyond the immediate damages caused. These damages are not directly caused by the breach but arise from the specific circumstances surrounding the situation, such as lost profits or additional expenses incurred. They are typically recoverable only if the parties involved had a reasonable expectation that such damages could occur at the time the contract was formed.
In the context of a defense against specific performance, damages are considered adequate if they can sufficiently compensate the aggrieved party for their losses resulting from the breach of contract. This typically includes monetary compensation for direct losses, lost profits, and any consequential damages that arise from the breach. If the injured party can be made whole through these financial remedies, the court may determine that specific performance is unnecessary or inappropriate. Essentially, the availability of adequate damages serves as a key consideration in deciding whether to grant specific performance.
There is no narrator on Damages.
The second season of "Damages" has 13 episodes.
Glenn Close plays Patty Hewes in the TV drama, Damages.
Yes, but you must ask yourself, how do you quantify lost profits with certainty?
punitive damages are costs awarded to a party to punish the offending party, usually meant to discourage certain behaviour. Consequential damages are damages that attempt to rectify a cost of an innocent party when a breach has occurred in contract.
Consequential damages, otherwise known as special damages, are damages you can prove occurred because of the failure of one party to meet a contractual obligation.
Consequential loss claims refer to damages that arise as a secondary result of an event, typically related to a breach of contract, negligence, or an insured risk. Unlike direct losses, which are immediate and foreseeable, consequential losses can include lost profits, business interruption, and other indirect damages. These claims often require clear evidence to establish the link between the initial incident and the subsequent losses. In many contracts and insurance policies, consequential losses may be excluded or limited to minimize liability.
Punitive damages are meant to punish the defendant for their actions, while compensatory damages are meant to compensate the plaintiff for their losses.
It depends on manufacturer, type of part, your locale, type/amt damages but it's almost impossible to get consequential damages on a failed part. It's tough to even get a replacement unless we are talking about an auto manufacturer or something
Benefit of the Bargain is a type of consequential damages in contract law, aiming to compensate the non-breaching party for the loss of the full value or benefit that would have been received had the contract been performed as agreed. This type of damages seeks to put the non-breaching party in the position they would have been in if the contract had been fulfilled.
Damages for breach of contract should only be awarded where they arise naturally from the contract are known as compensatory damages. This is what will compensate the aggrieved party to the contract.
The county was financially ruined by the dam failure and the consequential liability lawsuits. The school was still dealing with redistricting and the consequential increases in enrollment.
"General damages" is a legal term that refers to money being won as compensation for damages such as suffering, pain, or an inability to perform crucial activities.
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Contract law is a very complicated area of law. The answer depends on the contract, the circumstances of the breach and state laws. Remedies can include compensatory damages, consequential damages, punitive damages and a court order that requires performance exactly as outlined in the contract. You can read more about it at the related link.
How about instrumental or consequential