Direct vs. Consequential Damages in Commercial Contracts: Key Distinctions, Jurisdictional Variations, Drafting
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will delve into the distinctions between direct and consequential damages in commercial contracts. The panel will explore the definitions, legal implications, and practical applications of these damages, as well as best practices for drafting and negotiating contract terms to address them.
Outline
- Introduction
- Direct damages
- Consequential damages
- Risks and benefits
- Jurisdictional considerations
- Variations in interpretation: case law examples
- Impact on contract enforcement
- Variations according to contract type
- Interaction with other provisions
- Negotiating and drafting considerations
- Practitioner takeaways
- Key insights and practical tips
Benefits
The panel will review these and other important considerations:
- What are the key differences between direct and consequential damages, and how do they impact commercial contracts?
- How can counsel draft contract terms to clearly distinguish between these types of damages?
- What are examples of jurisdictional variations in the interpretation of direct and consequential damages, and how should these influence contract drafting?
- How can other contract provisions be used to mitigate risks associated with direct and consequential damages?
Faculty
William (Bill) Kalas
Attorney
Foley & Lardner
Mr. Kalas is an associate in the Detroit office and practices in the Business Litigation & Dispute Resolution... | Read More
Mr. Kalas is an associate in the Detroit office and practices in the Business Litigation & Dispute Resolution group. Prior to joining Foley, he was a senior associate at a nationally recognized boutique litigation firm specializing in Class Action and Multi-District Litigation matters. Mr. Kalas also served as a judicial intern for the Honorable George Caram Steeh at the United States District Court for the Eastern District of Michigan. He has experience with all stages of complex litigation — including discovery, motion practice, settlement, and appeals — and is an effective collaborator with both co-counsel and opposing counsel.
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Christopher C. Rifer
Attorney
Stoel Rives
Mr. Rifer has drafted opinions and managed cases for a variety of civil and criminal matters. He has also assisted with... | Read More
Mr. Rifer has drafted opinions and managed cases for a variety of civil and criminal matters. He has also assisted with litigation, discovery, and settlement negotiations in affirmative civil litigation and a variety of civil-recovery matters. Before joining Stoel Rives, Mr. Rifer was a judicial clerk for Judge Anna J. Brown and Judge Malcolm F. Marsh and performed additional work for Judge Michael W. Mosman and Judge Marco A. Hernandez of the U.S. District Court for the District of Oregon. He was a law clerk for the U.S. Attorney’s Office for the District of Oregon and the Civil Enforcement Division of the Oregon Department of Justice.
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