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Answered Question
Max B.
I'm confused about consequential damages. We read Hadley v. Baxendale, but I still can't tell when a plaintiff gets consequential damages.
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Answered by: Lawyer Up
A plaintiff will be entitled to consequential damages (in addition to expectation damages) only when those consequential (or domino-effect type) damages are foreseeable results of the defendant's breach of contract. We all know that being a victim of a contract breach can be a pain in the neck... and some consequences are clearly the breacher's fault, while others are just annoyances that the innocent party has to deal with. The more the consequence seems to be something that a breacher should have expected he'd cause with his bad behavior, the more likely the court will award that damage to the plaintiff as consequential or "special" or "incidental" damages.
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TAGS:  consequential damages
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