Consequential (special) damages in a breach case are damages that:
解析
Consequential or special damages flow from the injured party's particular situation — profits lost on the next job because this one ran late — and Civil Code §3300 limits recovery to detriment that was likely to result in the ordinary course or that the breaching party had reason to foresee, the rule of Hadley v. Baxendale. (c) describes GENERAL or direct damages, which follow from the breach itself and need no special showing of foreseeability; the contrast between the two is the entire point of the category. (b) describes nominal damages, awarded under Civil Code §3360 when a right is invaded but no loss is proved. (a) confuses the measure with the price; consequential damages can exceed the contract price, which is exactly why commercial contracts so often waive them.
法律依据: Civil Code §3300, §3360免费刷完整 1632 道题库 — 无需注册。
Own the complete CSLB Law & Business guide — PDF + EPUB, $24.99 →
同考点相关题目
- A mutual mistake of a material fact by both parties at the time of contracting may allow:
- Fraud in the inducement of a contract generally requires proof that a party:
- The remedy of 'restitution' in contract law is designed to:
- Nominal damages are awarded when:
- A 'waiver' in the context of a contract generally refers to:
- A 'no oral modification' clause states that the contract may be changed only by a signed writing. Its practical purpose is to:
最近核对： · 审核流程