Brendan J. Witry | The Dispute Resolver In Hadley v Baxendale, 9 Ex. 341 [1854], of 1L Contracts lore, the Court of Exchequer set out the dichotomy of direct damages and consequential (or indirect) damages. In the 170 years that have followed, lawyers on both sides of the Atlantic have sought to parse out what are… Continue reading Toolbox Talk Series: Direct Versus Consequential Damages–Is There a Clear Demarcation?
Tag: Direct Damages
Direct vs. Consequential Damages – What is the Difference, Really?
Stan Martin | Commonsense Construction Law LLC | November 3, 2016 Many people, even while negotiating the terms of a contract “mutual waiver of consequential damages” clause, fail to appreciate the distinction between direct and consequential damages. A federal district court judge in Pennsylvania has penned a thoughtful decision on this issue, worth noting. The… Continue reading Direct vs. Consequential Damages – What is the Difference, Really?