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Foreseeability: Discussions in Contracts

February 9th, 2021 · No Comments · Contracts, Lawdibles Audio

The topic of this podcast by Professor Scott J. Burnham is when consequential damages can be recovered for breach of contract because they are foreseeable. The podcast examines the rules established in Hadley v. Baxendale to determine if a loss is foreseeable and therefore recoverable as a consequential damage, as well as some practical effects of those rules. It also looks at how Article 2 of the UCC handles disclaimers for liability for consequential damages.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Apply the Hadley rules to determine whether the party in breach is liable for consequential damages.
2. Explain how a party can avoid liability for consequential damages.

A transcript of this podcast is here.

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