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Accordingly, a consequential damages waiver will exclude any damages, other than direct damages, even if they are reasonably foreseeable because such damages are one or two links down the causal chain.
And theyâre often a contentious issue in settlement negotiations, mediation, arbitration, and litigation. So this will be the first installment in a series on consequential damages. Topics in this series will include: Identifying consequential damages â what makes then different from direct damages.