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consequential damages

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15:05 Dec 10, 2003
English to English translations [PRO]
Law/Patents
English term or phrase: consequential damages
When an Internet service provider mentions "incidental or consequential damages" in its term of use, what does it mean by "consequential damages "? Does it mean damages that are particularly serious, or does it mean damages that were foreseeable, as opposed to "incidental damages ", which would then mean unforeseeable damages? Or do "consequential damages " refer to damages which were somehow "indirect "?
Jonathan Widell
Canada
Local time: 00:59
English translation:Answer
Explanation:
consequential damages are those damages that arise from the intervention of special circumstances not ordinarily predictable

Consequential Damages which flow from the loss or harm - consequential damages are of the same nature as special damages.

http://law.freeadvice.com/litigation/civil_law_suits/damages...

Sometimes a claimant asserts that the actions of a design professional caused consequential damages—those that go beyond direct losses. Consequential damages are usually defined by courts as those damages that are more remote and difficult to evaluate. They are abnormal, related to the particular transactions, and more subjective; they also could be of great significance to the client and catastrophic to the design professional. Lost profits caused by delay in completing the project is one example.

http://www.nspe.org/liability/in2-for.asp#
Selected response from:

Empty Whiskey Glass
Local time: 07:59
Grading comment
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4 KudoZ points were awarded for this answer

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Summary of answers provided
5consequential and incidental
Denyce Seow
4 +1damages caused by an action
Nikolaus Halter
5Answer
Empty Whiskey Glass
3incidental = accidental; consequential = caused by something, resulting
Clauwolf


  

Answers


5 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
damages caused by an action


Explanation:
the consequences of an action...

Nikolaus Halter
Local time: 00:59
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in pair: 4

Peer comments on this answer (and responses from the answerer)
agree  Madeleine MacRae Klintebo
35 mins
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9 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
incidental = accidental; consequential = caused by something, resulting


Explanation:
:)

Clauwolf
Local time: 02:59
Native speaker of: Native in PortuguesePortuguese
PRO pts in pair: 352
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1 hr   confidence: Answerer confidence 5/5
consequential and incidental


Explanation:
Personally, my definitions will be as follow:

consequential: important
incidental: minor, supplementary

Of course, in any dictionary, you will see "consequential" defined as "resulting indirectly" and "incidental" as "following as a consequence". To decide which is the definitions for your context, I did a little research. Here are some of the many examples I have found.

Limitation of Damages
In no event will Tellnet be liable to you for any direct, special, indirect, consequential, incidental damages or any damages of any kind even if Tellnet has been advised of the possibility thereof. (Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so the limitation or exclusion may not apply to you.)

In no event shall MICROSOFT CORPORATION or its suppliers be liable for any damages whatsoever including direct, indirect, incidental, consequential, loss of business profits or special...

Any direct, indirect, incidental, special or consequential damages whether in contract, tort, strict liability or otherwise...

PabloSoft, Inc. will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental punitive and consequential damages.

It seems that "direct, indirect, incidental and consequential" always come together, so I guess they can't be repeating their terms. The more logical definition of these two terms would then be: "consequential" as "important" and "incidental" as "minor, supplementary".

I am not an expert in "legal" stuff so maybe someone can chip in to explain the implications.... :)





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Note added at 2003-12-10 16:49:53 (GMT)
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Don\'t mean to confuse you but here\'s what I found which is contrary to what I have said above:

http://www.askdoctrish.com/terms.html
Damages reasonably expected to result from a loss or injury (known in legal terms as \"consequential damages\")
Other miscellaneous damages and expenses resulting directly from a loss or injury (known in legal terms as \"incidental damages\")

Sorry, seems that I didn\'t really answer you question... hope I didn\'t add more confusion though.

Denyce Seow
Singapore
Local time: 13:59
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 24
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6 hrs   confidence: Answerer confidence 5/5
Answer


Explanation:
consequential damages are those damages that arise from the intervention of special circumstances not ordinarily predictable

Consequential Damages which flow from the loss or harm - consequential damages are of the same nature as special damages.

http://law.freeadvice.com/litigation/civil_law_suits/damages...

Sometimes a claimant asserts that the actions of a design professional caused consequential damages—those that go beyond direct losses. Consequential damages are usually defined by courts as those damages that are more remote and difficult to evaluate. They are abnormal, related to the particular transactions, and more subjective; they also could be of great significance to the client and catastrophic to the design professional. Lost profits caused by delay in completing the project is one example.

http://www.nspe.org/liability/in2-for.asp#

Empty Whiskey Glass
Local time: 07:59
Native speaker of: Native in BulgarianBulgarian
PRO pts in pair: 61
Grading comment
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