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Damages that can only be recovered if the breaching party should have foreseen them when forming the contract are known as:

Option 1: Consequential damages.
Option 2: Punitive damages.
Option 3: Liquidated damages.
Option 4: Nominal damages.

1 Answer

1 vote

Final answer:

Consequential damages are the type of damages that can be recovered if they were foreseeable by the breaching party when the contract was formed. These are different from punitive, liquidated, or nominal damages and are tied to the consequences of the breach beyond the immediate damages. option 1 is answer

Step-by-step explanation:

Damages that can only be recovered if the breaching party should have foreseen them when forming the contract are known as Consequential damages. These are damages that go beyond the immediate impact of the contract breach and include losses that result from the breach but are not a direct result of it.

For example, if a supplier fails to deliver goods on time and this causes their client to lose profits, those lost profits could be claimed as consequential damages if they were foreseeable at the time the contract was made.

In contrast, Punitive damages are intended to punish the wrongdoer rather than to compensate for a loss; Liquidated damages are a predetermined sum agreed to be paid in the event of a breach, regardless of the actual loss; and Nominal damages are a small sum awarded when a breach occurred, but no actual injury was proven.

Contractual rights are based on property rights and allow for legal recourse in case of a breach. According to constitutional guarantees, public officials cannot recover damages for defamatory falsehood unless there's proof of 'actual malice'. option 1 is answer

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