Define: Incidental Demand

Incidental Demand
Incidental Demand
Quick Summary of Incidental Demand

Incidental demand refers to a demand that emerges as a consequence of another demand. It is not an independent demand, but rather a result of a primary demand. For instance, if a customer requests a refund for a defective product, the incidental demand may involve seeking compensation for any harm caused by the faulty item. It is crucial to address incidental demands in order to effectively resolve the primary demand.

Full Definition Of Incidental Demand

Incidental demand is a secondary or additional demand that arises as a result of another demand or situation. It is not the main demand, but rather a related demand that is associated with the primary demand. For instance, if someone files a lawsuit against another driver for damages caused by a car accident, they may also have an incidental demand for compensation for medical bills and lost wages resulting from the accident. In this example, the primary demand is for damages from the car accident, while the incidental demand for compensation for medical bills and lost wages is related to the accident and arises as a result of the primary demand. It is not the main demand, but rather a secondary demand that is associated with the primary demand.

Incidental Demand FAQ'S

Incidental demand refers to a legal concept that arises when a party seeks compensation for damages or losses that were not directly caused by the defendant’s actions but were a foreseeable consequence of those actions.

Direct damages are those that directly result from the defendant’s actions, while incidental damages are additional losses or expenses that are reasonably foreseeable as a consequence of the defendant’s actions.

Yes, incidental demand can be claimed in a lawsuit if the plaintiff can demonstrate that the damages or losses were a foreseeable consequence of the defendant’s actions.

Incidental damages can include additional expenses, such as medical bills, transportation costs, or lost wages, that were incurred as a result of the defendant’s actions.

Courts typically consider whether the damages were reasonably foreseeable and directly related to the defendant’s actions when determining if they qualify as incidental damages.

Yes, incidental demand can be claimed in contract disputes if the plaintiff can demonstrate that the damages or losses were a foreseeable consequence of the defendant’s breach of contract.

There may be limitations on claiming incidental demand, such as the requirement to mitigate damages or the need to prove that the damages were reasonably foreseeable.

Yes, incidental demand can be claimed in personal injury cases if the plaintiff can demonstrate that the additional expenses or losses were a foreseeable consequence of the defendant’s negligence or intentional harm.

Incidental damages are typically calculated by determining the actual expenses or losses incurred as a result of the defendant’s actions.

Yes, incidental demand can be awarded in addition to direct damages if the plaintiff can prove that both types of damages were reasonably foreseeable and directly related to the defendant’s actions.

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Disclaimer

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: 16th April 2024.

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