What Are Incidental Damages?Incidental damages occur when a sale of goods contract has been breached, resulting in additional expenses to the non-breaching party. These damages must occur in relation to the breach.Seller’s Incidental DamagesA seller may recover any reasonable expenses incurred in: - Stopping delivery
- Transportation, care, and custody of goods after the buyer’s breach
- Returning or reselling goods
- Other expenses incident to the breach
Buyer’s Incidental DamagesA buyer may recover any reasonable expenses incurred in: - Inspection or receipt of goods later rejected
- Care and custody of goods later rejected
- Charges incurred in replacing (covering) the goods
- Other expenses incident to the delay or breach
How Can a Lawyer Help?If you are involved in a contract that has been breached, a business attorney can help you prove a breach and fight for the remedy you deserve. In addition, an attorney can help you draft contracts to protect yourself and your legal rights. |
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