Consequential Damages

Damages are recoverable if foreseeable at the time of contracting.

Representative cases

• Totaro, Duffy, Cannova & Co. v. Lane, Middleton & Co. 191 N.J. 1 · Supreme Court of New Jersey
• Tdc, LLC v. Lmc, LLC 921 A.2d 1100 · Supreme Court of New Jersey
• United Services Automobile Ass'n v. McCants 1997 OK 73 · Supreme Court of Oklahoma

Related Remedies rules

• Expectation DamagesDamages aim to put the nonbreaching party in the position as if the contract were performed.
• Incidental DamagesIncidental damages include reasonable expenses incurred due to breach.
• Mitigation of DamagesNonbreaching parties must take reasonable steps to mitigate damages.
• Restitution DamagesRestitution prevents unjust enrichment by awarding the value of the benefit conferred.
• Reliance DamagesReliance damages compensate for expenditures reasonably made in reliance on the contract.
• Liquidated DamagesLiquidated damages are enforceable if reasonable at formation and not punitive.
• Specific PerformanceSpecific performance is available when monetary damages are inadequate and the terms are sufficiently definite.
• Replevin (UCC)Buyers may recover identified goods wrongfully withheld if unable to cover.

Part of Contracts on Core Legal Rules — foundational MBE-tested principles with primary-source citations.