Consequential damages are those damages that do not necessarily, but do directly, naturally, and proximately result from the injury for which compensation is sought. Therefore, when attempting to Did You Know? The next set of damages is consequential damages, which are recoverable in New York State unless the contract precludes the award of consequential damages. 1 I confess that I did not think the distinction was much of a problem until I ran into two practitioners in the same week who raised the issue. for a tangible loss. Another word for consequential. consequential damages (1) Damages that do not flow directly from some wrong, injury, or taking. Consequential damages are more indirect, being incurred not as a result of the breach itself, but due to the end result of the breach. Consequential definition is - of the nature of a secondary result : indirect. A basic principle of … Consequential damages, also known as “special damages" are referring to losses which result indirectly, rather than immediately and directly, from a wrongful act. Learn more. Information and translations of consequential damages in the most comprehensive This type of loss arises when the individual or business loses earnings or rent on account of damages to property or tangible unit even if the tangible unit had insurance in place as protection. Consequential damages are damages which flow indirectly from a breach of contract and are typically related to delays in performance and delays in … Consequential dates from the 17th century and can be traced back to the Latin verb consequi, meaning "to follow along." Consequential Damages means all exemplary, punitive, special, indirect, consequential, remote or speculative damages, including loss of profit, loss of revenue or any other special or incidental damages, whether in contract, tort (including negligence), strict liability or otherwise, whether or not the Person at fault knew or should have known that such damage would likely be suffered. Consequential damages are generally not recoverable in contract disputes, but are recoverable in tort. 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 Since consequential damages are considered “special” damages, Federal Rule of Civil Procedure 9(g), as well as several state courts, requires parties to “specifically plead” consequential damages. How to use consequential in a sentence. Example of Incidental Damages Bright Lite Bulb Store contracts to install 100 light fixtures in a local mall within 7 days, and so enters into a purchase agreement with a supplier to buy the fixtures. {{#verifyErrors}} {{message}} Another word for consequential: resulting, subsequent, successive, ensuing, indirect | Collins English Thesaurus There are many diverse influences on the way that English is used across the world today. Consequential damages therefore require certainty as to the amount of loss, foreseeability of loss incurred as a result of breach at the time of contracting, and an inability to mitigate loss by cover or otherwise. Code, 1794(b) [statute covers all Song-Beverly actions].) As one court wrote, “the precise demarcation between direct Sixth in a series of articles addressing key provisions in construction contracts One may wonder why parties in construction contracts would agree in advance to waive their rights to consequential damages. 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