Does anyone know if you can claim damages for consequential loss?

Question

I'm pretty sure you can if the loss is a direct affect of the breach however, if you're being held liable by a 3rd party, is that 3rd party able to sue you or can they just sue the original party (i.e. the ones who caused the breach)?

Answer 1

If you're being sued by a third party, then you join the people responsible as third parties, provided that you have a reasonable case against them. The 1854 case of Hadley v. Baxendale establishes the rules for doing this: was the loss foreseeable, or did you particularly mention the need to avoid this possible loss when entering into the contract? The latest case law on the subject is in the House of Lords case of Jackson v. Royal Bank of Scotland http://72.14.253.104/search?q=cache:zW_mPeeLI7IJ:www.publications.parliament.uk/pa/ld200405/ldjudgmt/jd050127/bank.pdf+jackson+and+another+v+Royal+Bank+of+Scotland&hl=en&gl=us&ct=clnk&cd=2

Answer 2

I responded this question once you asked it quite a few days in the past. the sole consequential damages that are recoverable in a breach of settlement case are people who the occasion in breach would desire to be "somewhat anticipated" to assume the broken occasion to incur. on your case, a landlord would desire to be 'somewhat anticipated' to be attentive to that turning a tenant away on flow-in day could effect in some consequential damages - movers expenses, a short era of short-term housing, and so on. As I stated final time, nonetheless, I *somewhat* do not think of that a small claims courtroom choose will evaluate the expenses of your long visit and fro out of your mom and dad abode to be something the owner would desire to be somewhat anticipated to have anticipated you to would desire to incur. Your lost time on the long visit and fro, i'm afraid, is under no circumstances recoverable. That stated, you may actually ask. do exactly not assume to get it. the thank you to present it? Have a sparkling and rational explanation as to precisely WHY you had NO different selection. Have a reaction waiting for each ability "nicely, why did not he.....?" that the defendant would advise. Have receipts for each thing you spent, and documentation to back up your declare of the decreased cost of the vehicle through better positioned on and tear. Richard

Answer 3

If you followed procedure and the loss was the consequence of something happening at the other end that was not your fault then, you can sue the party who was at fault. You need cons loss insurance though.
ie You sell shares, send your certs through the post to be there tomorrow, if they dont arrive you loose everything. They dont arrrive, so if you have cos loss insursance, you can claim for the amount you have lost due to certs not arriving for dead line.

Answer 4

It all depends on the facts

For example, under the UCC, sellers can NEVER get consequential damages while buyers usually can