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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.
Damages that are usually classified as consequential can. sometimes be treated as direct damages depending on the contractâs language. ounsel should mind. these dangers as they draft their contracts. Under the common law, in a breach of contract case and in the absence of a valid liquidated damages.