Incidental damages refer to the additional costs or losses incurred by a party as a result of a breach of contract. These damages are not directly caused by the breach itself but are a consequence of it. They can include expenses such as transportation costs, storage fees, and additional labor costs. The purpose of awarding incidental damages is to compensate the injured party for any losses they have suffered due to the breach.
Incidental damages refer to the additional costs incurred by a party as a result of a breach of contract or other legal dispute.
Examples of incidental damages include costs associated with storing or transporting goods, expenses related to finding a replacement supplier or contractor, and fees for legal representation.
Yes, incidental damages are typically recoverable in a lawsuit if they are directly related to the breach of contract or other legal dispute.
Incidental damages are typically calculated based on the actual costs incurred by the party seeking compensation.
Yes, parties can agree to waive incidental damages in a contract, but such waivers must be clearly stated and agreed upon by both parties.
Yes, parties can agree to limit the amount of incidental damages that can be recovered in a contract, but such limitations must be reasonable and not unconscionable.
Yes, incidental damages can be recovered in addition to other damages, such as compensatory damages or punitive damages.
Yes, incidental damages can be recovered in a breach of warranty claim if they are directly related to the breach.
Incidental damages are generally not recoverable in a tort claim, as tort claims typically involve personal injury or property damage.
Yes, incidental damages can be recovered in a small claims court case, as long as they are directly related to the breach of contract or other legal dispute.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 13th April 2024.
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