"Consequential Damages: Are Exclusions of Consequential Damages Inconsequential",
Journal of the Canadian College of Construction Lawyers 2010
Date:
March 15 2011
In this article, Jane Sidnell discusses the general theme of exclusions picked up by Kerry Short and Donald Lucky in their earlier papers, however in this case in the context of the standard exclusion of “consequential damages” in most standard form contracts. It is common to assume that “consequential damages” are economic damages incurred beyond mere physical loss, but as Jane's analysis shows this is not the prevailing legal interpretation of the phrase.
The following items are also discussed:
- Origins of the Rule
- Applications of the Rule and the Determination of Direct vs. Indirect Damages
- A New Approach?
- Limitation of Foreseeable Damages
- A Move to Revert to the Commonly Understood Meaning of “Consequential Damages”
- Pitfalls in Drafting
Republished with permission from Carswell, a division of Thomson Reuters Canada Limited.
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