Indirect And Consequential Damages

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Managing damages pro-actively is important. This article describes how to identify whether damages are direct or consequential, why classification is important, and how to use the road sign test to explain the classification to others, including to judges and neutrals who hear your cases.

Consequential damages (also sometimes referred to as indirect or “special” damages), include loss of product and loss of profit or revenue and may be recovered if it is determined such damages were reasonably foreseeable or "within the contemplation of the parties" at the time of contract formation.

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Consequential Damages Versus Actual Damages IN ADDITION, ORACLE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE, COVER, OR LOSS OF ANTICIPATED PROFITS, EVEN IF Y…

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all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incid…

indirect, special, consequential or incidental damages whatsoever, even if any member of the LSE Group is advised in advance of the possibility of such damages, resulting from the use of, or inability …

Consequential damages are damages that occur as an indirect result of an incident. However, in order for someone to win consequential damages in a lawsuit, the damages must have been a foreseeable result of that incident.

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AMAZON AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SOURCE CODE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIA…