Consequential loss: Difference between revisions

Consequential loss (view source)

8 bytes added , 8 February 2018

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 ===[[Remoteness of damage]]===
-It is sometimes, erroneously, said that [[consequential loss]] is not recoverable under ordinary [[contractual damages]] principles. The test of "[[remoteness of damage]]" is "foreseeability" - or what was "in the reasonable contemplation of the parties". Now it is true that in many cases consequential loss is ''not'' in the reasonable contemplation of the parties. But this is not necessarily so: sometimes it is, as the example above points up quite nicely:
+It is sometimes, erroneously, said that [[consequential loss]] is not recoverable under ordinary [[contractual damages]] principles. The test of “[[remoteness of damage]]” is "foreseeability"—or “what was in the reasonable contemplation of the parties”. Now it is true that in many cases consequential loss is ''not'' in the reasonable contemplation of the parties. But this is not necessarily so: sometimes it is, as the example above points up quite nicely:
 In this case it would be clearly contemplated that the failure to deliver the taxi would lead to a loss of income, and provided that loss could be sensibly quantified (a different question) it would quite conceivably be covered.