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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.
1 Claim preclusion is the principle once a cause of action has been litigated, it may not be relitigated. 2  Bar: A losing plaintiff is barred from re-suing a winning defendant on the same cause of action.  Merger: A winning plaintiff may not re-sue a losing defendant.