Consequential Damages: Are Exclusions Of Consequential Damages Inconsequential

Mondaq Business BriefingCanada Law Articles in English (2011)

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Consequential Damages: Are Exclusions Of Consequential Damages Inconsequential

Republished with permission from Carswell, a division of Thomson Reuters Canada Limited.

This article carries on 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. As the author notes in her opening paragraphs, it is common to assume that "consequential damages" are economic damages incurred beyond mere physical loss, but as her analysis shows this is not the prevailing legal interpretation of the phras...

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