合同与履行第 866 / 1605 题
Consequential (special) damages in a breach case are damages that:
a.Always equal the contract price
b.Can never be recovered in any contract case
c.Are the same as nominal damages
d.Arise from the injured party's particular circumstances and are recoverable only if they were foreseeable to the breaching party at contract formation
解析
Consequential or special damages flow from the injured party's particular situation, such as lost business profits caused by a delay, and are recoverable only if they were reasonably foreseeable to, or communicated to, the breaching party when the contract was made, under the rule of Hadley v. Baxendale. They differ from direct damages, are not equal to the price, are not nominal damages, and are recoverable when the foreseeability requirement is met.
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