The lines between direct and consequential damages can be very blurry.
A federal court has held that a contractual provision excluding consequential damages is ambiguous. When drafters include a generic exclusion of consequential damages in their contracts without bothering to define what consequential damages are, it is frequently a fact question whether the damages are direct or consequential because foreseeability and intent are questions of fact. This is tantamount to inviting a group of complete strangers of indeterminate ability, better known as jurors, to decide what the contract means. This white paper reviews how failing to recognize that the lines between direct and consequential damages are blurry can expose your clients to unnecessary risk.
Agenda
Faculty
Timothy Murray
Murray, Hogue & Lannis
- Partner in the law firm Murray, Hogue & Lannis, Pittsburgh, PA
- Practice emphasizes contract law
- Conducts regular seminars on the law of contracts
- Author volume 1 of Corbin on Contracts (revised edition, 2018), Co-author of Corbin on Contracts Desk Edition and the biannual supplements to Corbin on Contracts
- Member of the Pennsylvania Bar
- J.D. degree, University of Pittsburgh
- Can be contacted at [email protected]
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