1. An International Issue: 'Loss of Profits' and 'Consequential Loss'.
- Author
-
Ashley, Phillip Spencer, Palmer, Bob, and Aldersey-Williams, Judith
- Subjects
COLLATERAL security ,CONTRACTS ,ACTIONS & defenses (Law) - Abstract
A recent decision by the New York Court of Appeals in Biotronik AG v Conor Medsystems Ireland Ltd has caused a stir among legal practitioners in New York. The court held that the lost profits arising from a collateral contract with a third party constituted general (direct) damages and was not exempted by a 'consequential damage' exclusion clause. Previously, it was widely thought that all loss of profits would be covered by consequential loss exclusions. The issues addressed by the New York courts in Biotronik will be of interest to lawyers in numerous industries where 'consequential loss' exclusions are commonplace and lawyers involved in transactions come from differing legal traditions. Among other things, it serves to highlight cross-jurisdictional differences in contractual interpretation and the importance of carefully drafting 'consequential loss' exclusion clauses. [ABSTRACT FROM AUTHOR]
- Published
- 2014