15:05 Dec 10, 2003 |
English language (monolingual) [PRO] Law/Patents | |||||||
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| Selected response from: Empty Whiskey Glass Local time: 00:24 | ||||||
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damages caused by an action Explanation: the consequences of an action... |
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incidental = accidental; consequential = caused by something, resulting Explanation: :) |
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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.... :) -------------------------------------------------- Note added at 2003-12-10 16:49:53 (GMT) -------------------------------------------------- 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. |
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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# |
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