consequential damages

USAGE SUMMARY

"consequential damages" is a correct and usable phrase in written English.
It is used to refer to losses or harms that result indirectly from an event or action. For example, "The court found that the defendant was responsible for any consequential damages resulting from the accident."

✓ Grammatically correct

Academia

News & Media

Human-verified examples from authoritative sources

Exact Expressions

60 human-written examples

The focus is on direct damages, not consequential damages.

Columbia University

It may, however, bar his recovery of consequential damages under §2-715(2).

Harvard University

The "consequential" damages authorized by the majority, though remedial in form, are obviously punitive in fact.

Cornell University

Is Posner right to define consequential damages as "damages unrelated to the profit from the contract"?

Harvard University

Under the statute, loss includes costs of assessing damage and restoring the system, lost revenue, and other consequential damages.

Stanford University

Would the cost be "incidental damages" under §2- 715(1) or "consequential damages" under §2-715(2)?

Harvard University

The new law makes a claimant's route to the courthouse trickier and requires a higher evidentiary standard to receive double or consequential damages from a lawsuit.

The New York Times

It is also possible the banks would be required to pay consequential damages – the lost profits of the private equity firms from not making this acquisition.

The New York Times

A Flint-based lawyer who filed a $150m lawsuit this month, seeking full water bill refunds for residents, said there are "consequential damages" for being provided unusable water.

The Guardian

They are not triggered, as true consequential damages are, simply by a breach of contract, but only by a breach committed in bad faith.

Cornell University

We find nothing which would justify the trial court in arriving at damages using loss of business profits which are consequential damages.

Harvard University

Expert writing Tips

Best practice

When discussing contract law, accurately distinguish "consequential damages" from direct damages; the former are indirect losses resulting from the breach, while the latter are immediate and foreseeable.

Common error

Don't assume all losses are "consequential damages". Direct damages compensate for the immediate loss; "consequential damages" cover subsequent losses that are reasonably foreseeable but not immediate.

Linguistic Context

The phrase "consequential damages" functions as a noun phrase that refers to the monetary compensation awarded for losses that are not a direct result of a breach of contract or tort, but are a foreseeable consequence. Ludwig examples confirm its use in legal and business contexts.

Expression frequency: Very common

Frequent in

Academia

48%

News & Media

30%

Formal & Business

12%

Less common in

Science

10%

Encyclopedias

0%

Wiki

0%

Ludwig's WRAP-UP

In summary, "consequential damages" is a commonly used and grammatically correct phrase referring to indirect losses resulting from a breach or tort. As Ludwig AI confirms, it is frequently found in academic, news, and business contexts. It is important to distinguish "consequential damages" from direct damages, as the former are subsequent and foreseeable, while the latter are immediate. When discussing contract law, be sure to accurately identify which losses qualify as "consequential damages", and note that contracts can sometimes exclude liability for such damages. High-authority sources like Cornell and Harvard Universities frequently employ this phrase in their academic publications.

More alternative expressions

Phrases that express similar concepts, ordered by semantic similarity:

resulting losses

Focuses on the financial aspect of the damages, emphasizing losses that occur as a result.

indirect harm

Highlights the indirect nature of the harm caused by the initial action or event.

secondary damages

Emphasizes that the damages are not the primary or direct result but come after.

derivative damages

Focuses on the damages that are derived from the initial harm or breach.

subsequent losses

Highlights that the losses occurred after the initial event or breach, as a consequence.

incidental losses

Emphasizes losses that are related to or caused by something else.

follow-on damages

Emphasizes that the damages are a follow-on effect from the initial action or event.

ripple effect damages

Metaphorically describes damages that spread out from the initial event, affecting various parties.

economic repercussions

Specifically emphasizes the economic impact or consequences resulting from the event.

knock-on effects

Focuses on the cascading nature of the damages, where one effect leads to another.

FAQs

How are "consequential damages" typically proven in court?

"Consequential damages", must be proven to be directly caused by the breach and reasonably foreseeable at the time the contract was entered into. Evidence like lost profits and business interruption costs are commonly used.

What's the difference between "consequential damages" and punitive damages?

"Consequential damages" compensate for foreseeable losses resulting from a breach, while punitive damages are intended to punish the wrongdoer for egregious conduct and are not necessarily tied to the actual losses suffered.

Can a contract exclude liability for "consequential damages"?

Yes, many contracts contain clauses that exclude liability for "consequential damages". However, such exclusions may not be enforceable if they are unconscionable or violate public policy.

What are some examples of situations that might lead to "consequential damages" claims?

Examples include lost profits due to a delayed shipment, increased operational costs resulting from defective equipment, or business interruption losses caused by a supplier's failure to deliver essential goods. You can explore alternatives like "resulting losses" or "indirect harm" to broaden your understanding.