Natural and Probable Consequences

• Author: Jeffrey Lehman, Shirelle Phelps

Page 204

Those ramifications of a particular course of conduct that are reasonably foreseeable by a person of average intelligence and generally occur in the normal course of events.

The individual who is guilty of misconduct in contract or TORT is responsible for the natural and probable consequences of the act or omission that proximately causes loss or injury to the plaintiff. Based on the usual experience of human beings, if the consequences were to be expected, a plaintiff can recover damages from a defendant who caused the injuries.

Breach of Contract

Damages for breach of contractual agreement are those that result naturally from the violation of contract provisions and that are reasonably contemplated by the parties when the contract is made. Factors to be considered in determining what damages might have reasonably been considered include the nature and purpose of the contract as well as the accompanying conditions of which the...