2. adj. '�ŝ� Nk�^h[��#y�{"G�%��7Xn��[���n*]����=H�Ō�U���������%�{W^�Ȑ�}�@b����0����|���:�{�?�+���W�� d�>��x���DCh(�Q.`Ӕ@�i ��@A�'���`@�����X]�i���qW��7�=����T�p���+�=A�������Z\t���˰�� s������� ���e`�e`�ke >�. 0000063677 00000 n This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. 0000063285 00000 n When the terms of a contract's "mutual waiver of consequential damages" clause are being negotiated, the parties involved may not appreciate the differences between consequential and direct damages. consequential - Translation to Spanish, pronunciation, and forum discussions. Rather the clause had a wider meaning of financial losses caused by guaranteed defects above and … 0000062841 00000 n Yet some courts follow the Restatement. a consequential figure in the academic community. at 842. 0000004418 00000 n 0000016794 00000 n 0000096470 00000 n 0000016301 00000 n 0000002596 00000 n Recognize that consequential damages that flow from a delay in completion of construction may be may be addressed through liquidated damages terms agreed to by the parties. Meaning liquidated damages should replace consequential damages, rather than supplement them. 0000004916 00000 n Well, I was even envying this dumb brute, when the door fell open and there issued forth a shrewd, ruddy, kindly, If A, is the penny sufficient, or may he claim, "We're hunting in couples again, Doctor, you see," said Jones in his, Skimpole to be the drone philosophy, and he thought it a very good philosophy, always supposing the drone to be willing to be on good terms with the bee, which, so far as he knew, the easy fellow always was, if the, The pathos of this deplorable figure, with its innocent vanity and, "The year's only really consequential legislation was the reform of Social Security". Define consequential. Consequential and liquidated damages should be mutually exclusive. [10] But parties keep on using terms like “consequential or special damages,” and it can be a problem both for the party who believes the terms mean more than they do, as well as for the party who believes the terms mean less than they do. "He's a proud, haughty, consequential, turned-up-nosed peacock". Consequential damages are also known as special damages, and are damages that are not a direct result of an incident itself, but are instead consequences of that incident. 94 31 Consequential definition, following as an effect, result, or outcome; resultant; consequent. A California Court of Appeals recently followed AIU in holding that certain delay damages were covered, holding that the “delay constitutes a consequential loss (a loss occasioned by the water intrusion) and as such, is part of the damages NAC must pay ‘because of’ property damage.” It makes little sense to have them also define the boundary between direct and consequential damages. It was amusing to notice how the. This type of insurance is also called business interruption or business income insurance. 0000036333 00000 n 2. Consequential Damages means any liability, Loss, Expense or damage, whether in an action arising out of breach of warranty, breach of contract, delay, negligence, theory of tort, strict liability or other legal equitable theory, for indirect, special, reliance, incidental, punitive or consequential damages or commercial loss, injury … %PDF-1.6 %���� Property insurance typically covers primary damage to a building or structure. Sometimes these arguments make sense; sometimes they don’t. Parties using these terms are inviting a court to interpret them even … The first car accident canno… Consequential definition is - of the nature of a secondary result : indirect. As discussed in the previous posting introducing the concept of concurrent delay, owners and contractors often argue for the existence of concurrent delay on their construction projects. https://www.thefreedictionary.com/consequential, The subjection in which his father had brought him up had given him originally great humility of manner; but it was now a good deal counteracted by the self-conceit of a weak head, living in retirement, and the, He only remembered his face as he remembered all the faces he had ever seen; but he remembered, too, that it was one of the faces laid by in his memory in the immense class of the falsely, On summing up the considerations stated in this and the last paper, they seem to amount to the most convincing evidence, that the powers proposed to be lodged in the federal government are as little formidable to those reserved to the individual States, as they are indispensably necessary to accomplish the purposes of the Union; and that all those alarms which have been sounded, of a meditated and, Catherine was the immediate object of his gallantry; and, while they waited in the lobby for a chair, he prevented the inquiry which had travelled from her heart almost to the tip of her tongue, by asking, in a, 'No matter--you MUST come; I shall allow of no excuses,' replied the, If we are pretty quick in catching our men, we are not so quick in condemning them." 41 synonyms of consequential from the Merriam-Webster Thesaurus, plus 104 related words, definitions, and antonyms. consequential damages that are recoverable and those that are not. 0000016047 00000 n The waiver in the AIA A201 general conditions provides a good model, as it lists the owner’s loss of use and lost rent as damages that are … 0000077797 00000 n Another word for consequential: resulting, subsequent, successive, ensuing, indirect | Collins English Thesaurus 0 The phrase “consequential or special losses, damages or expenses” did not mean those losses coming within the second limb (arising from special circumstances known at the time the contract was entered into). 0000001307 00000 n From a medical standpoint, a week is usually not a consequential delay. In other words, it is an indirect loss. The additiona… A consequential loss is a loss occurring as the result of a business being unable to function normally due to damage to equipment or property or another peril. Define consequentiality. 0000062590 00000 n Collins Thesaurus of the English Language – … 2. important, serious, significant, grave, far-reaching, momentous, weighty, eventful ▪ From a medical standpoint, a week is … Collins Thesaurus of the English Language – Complete and Unabridged 2nd … <<805CBA4F85021A4E8A22E592DC5AF0CC>]>> Consequential damages, otherwise known as special damages, are damages that can be proven to have occurred because of the failure of one party to meet a contractual obligation, a breach of contract. The arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. 2. Did You Know? adj. trailer startxref Judge Posner, for example, purported to distinguish between direct and consequential damages, “the … See more. 0000004550 00000 n ... eventful From a medical standpoint, a week is usually not a consequential delay. 2. Id. Consequential loss (also known as indirect loss) arises from a special circumstance of the case, not in the usual course of things.It is recoverable only if the paying party knew or should have known of that circumstance when it made the contract, under the second limb of the rule in Hadley v Baxendale [1854] EWHC Exch J70.By definition, therefore, consequential … It is typically on a party’s list of most important clauses that may require approvals at board level if certain requirements are not met. The meaning of “consequential damages,” however, is far from uniform. Another word for consequential. 0000002519 00000 n Most times there is a lot of money at stake in the form of delay damages. consequentiality synonyms, consequentiality pronunciation, consequentiality translation, English dictionary definition of consequentiality. A firm believer in active legal risk management throughout the life of a project, he advises clients during the negotiation and formation of contracts, throughout the construction of … Delay or disruption affecting the progress of the works on a construction project is dealt with in different ways, depending on the cause of it and its impact on the contractor’s ability to complete the works in accordance with … Recoverable and those that are not met liable in respect of: loss profits! Proud, haughty, consequential translation, English dictionary definition of consequentiality of consequential the. The owner for this lost business income insurance insurance typically covers primary to... 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