Consequential Damages

Question 1

definition

Answer 1

consequential damages compensate for injury or loss that is sustained as an indirect consequence of another’s wrongdoing (can be a tort or contract)

• foreseable
• natural & proximate cause of conduct

Question 2

If it’s for indirect consequences, how do we decide what is actually indirect?

Answer 2

Courts will look to see if they are NATURAL and proximate

Question 3

Creditor??

Answer 3

A creditor can’t seek consequential damages for failure to pay money when due. Instead he can require what’s due with interest

Question 4

Variation—->

Answer 4

TORTIOUS INT W/ CONTRACT:
a hybrid cuz its torts and contract mixed
and there are competing interested that can’t be fulfilled by blackletter law.

Question 5

tortious interference /w K rule for conseq. damages

minority rule

Answer 5

π can only get damages that would’ve been awarded in a Breach of K case/COA.

Question 6

tortious interference w/K rule for conseq. damages

majority rule

Answer 6

π can get damages that ar proximately caused but he tortious interference (this includes non-economic damages)