Ofverzögerungsschäden

Ofverzögerungsschäden, often translated as "delay damages" or "consequential damages," refers to financial losses that arise as a direct or indirect result of a breach of contract or other wrongful act. These damages are not the immediate, direct loss caused by the breach itself, but rather the secondary or consequential losses that a party suffers due to the delay or disruption caused by the breach. For instance, if a supplier fails to deliver goods on time, the direct damage might be the cost of obtaining replacement goods. Ofverzögerungsschäden, however, could include lost profits from a delayed production schedule, penalties incurred by the buyer for their own late delivery to a third party, or increased costs of alternative arrangements.

The recoverability of ofverzögerungsschäden can be a complex legal issue. Courts generally require that these damages be foreseeable at the time the contract was made. This means the breaching party must have known or had reason to know that such losses could occur if they failed to fulfill their obligations. Furthermore, the damages must be proven with reasonable certainty; speculative losses are typically not awarded. Contractual clauses may also limit or exclude liability for certain types of consequential damages, although such limitations are subject to legal scrutiny and may be deemed unenforceable if they are deemed unreasonable or against public policy. The specific legal framework and case law of a jurisdiction will determine the precise scope and applicability of ofverzögerungsschäden.