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What are consequential damages (what type of harm is remedied by consequential damages)? In order to...

What are consequential damages (what type of harm is remedied by consequential damages)?

In order to recover consequential damages, the legal party must pass the appropriate legal "test" to qualify. Explain the legal requirements (test) for qualifying for consequential damages.

How are consequential damages different from compensatory damages?

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Answer #1

Consequential damages are also known as special damages. It is occurred due to the failure of one party to meet the contractual obligation. The examples of consequential damages are property damage, lost profit,loss of goodwill, personal injury etc.

To qualifying consequential damages the claiment must prove they were 1. Reasonably caused by the breach 2. And they were reasonably anticipatable at the time the parties entered into the contract.

Compensatory damages are mainly for compensate the special loss occurred. Consequential damages are for compensate predictable consequences of the breach.

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