Are Consequential Damages Recoverable?

Are Consequential Damages Recoverable?

Also called special damages, since they result from a breach of contract and yet would not necessarily be incurred by every injured party experiencing that breach. Consequential damages are generally not recoverable in contract disputes, but are recoverable in tort. See General damages (contrast).

Are consequential damages actual damages?

Consequential damages are damages that “do not necessarily, but do directly, naturally, and proximately result from” the injury for which compensation is sought.

Are consequential damages enforceable?

Lost profits or revenues may actually be general damages – In recent cases, courts have held that waivers of lost profits or revenues, and potentially other "consequential" damages, are actually general damages, and therefore the waiver is unenforceable, since the parties did not actually agree to waive those general, ...

Marcus Vance
Author

Marcus Vance

Marcus Vance is a cybersecurity auditor and technology writer dedicated to educating the public about online safety, data privacy regulations, enterprise security, and emerging cyber threats.