Like Bigfoot, a Clear and Settled Definition of “Consequential Damages” Remains Elusive

April 06, 2017

A recent decision from the Delaware Chancery Court adds a twenty-first century interpretation to the common law doctrine of consequential damages which has roots reaching back to English contract law. This decision highlights another reason why practitioners should carefully consider contractual provisions drafted with the intent of preserving or waiving claims for consequential damages. It also fuels the debate as to what the term "consequential damages" actually means when used in M&A transactions.

Read "Like Bigfoot, a Clear and Settled Definition of “Consequential Damages” Remains Elusive."