Consequential damages和间接损失的区别及运用（1）

consequential damages
(17c)
Losses that do not flow directly and immediately from an injurious act but that result indirectly from the act. — Also termed indirect damages.

Hadley v. Baxendale, 156 Eng. Rep. 145 (1854).

a. arise “naturally, i.e., according to the usual course of things, from [the] breach of contract itself.…”
or b. arise from “the special circumstances under which the contract was actually made” if and only if these special circumstances “were communicated by the plaintiff to the defendants.…”

中国《合同法》
第一百一十三条
当事人一方不履行合同义务或者履行合同义务不符合约定，给对方造成损失的，损失赔偿额应当相当于因违约所造成的损失，包括合同履行后可以获得的利益，但不得超过违反合同一方订立合同时预见到或者应当预见到的因违反合同可能造成的损失。
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Article 113.
Where one of the parties does not perform a contractual obligation, or does not perform a contractual obligation as agreed, resulting in losses to the other party, the total amount of compensatory damages shall be equivalent to the total losses sustained by the other party through the breach of contract, including benefits that the other party would have been able to obtain had the contract been performed, but this amount shall not exceed the total losses that the breaching party, at the time of concluding the contract, foresaw or should have foreseen.
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