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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Ryan Tamm
Attorney
Stoel Rives
Mr. Tamm has nearly a decade of experience helping clients navigate complex disputes. He represents individuals... | Read More
Mr. Tamm has nearly a decade of experience helping clients navigate complex disputes. He represents individuals and businesses in state court, federal court, and administrative proceedings, as well as in private arbitrations and government investigations. A former judicial clerk, Mr. Tamm leverages his behind-the-scenes courtroom experience to guide clients through all phases of litigation, from pre-suit investigation to trial and appeal. He also maintains an active pro bono practice. Mr. Tamm's recent pro bono work includes representing an asylum seeker in removal proceedings and representing victims of police violence in civil rights litigation. In addition to his litigation practice, he serves as an adjunct professor at Lewis & Clark Law School, where he coaches the mock trial team and guest lectures on the topics of evidence and trial practice.
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