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indirect damage和consequential damage一样吗

2021-05-14 22

在法律领域不一样,consequential damages结果性损害,indirect damage间接性损害。
在英美法国家的法律中是有差别的.间接是指损害的方式,而结果性是指造成了损害这一事实.

consequential damages结果性损害,是相对于Incidental damages 而言的 .2-715.
§ 2-715.Buyers Incidental and Consequential Damages.
(1) Incidental damages resulting from the sellers breach include expenses reasonably incurred in inspection,receipt,transportation and care and custody of goods rightfully rejected,any commercially reasonable charges,expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.
(2) Consequential damages resulting from the sellers breach include
(a) any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and
(b) injury to person or property proximately resulting from any breach of warranty.
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