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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Centerline Investment Co. v. Tri-Cor Industries, Inc., 80 S.W.3d 499 (2002)

Citation
Centerline Investment Co. v. Tri-Cor Industries, Inc., 80 S.W.3d 499 (2002)
Parent Document
Centerline Investment Co. v. Tri-Cor Industries, Inc., 80 S.W.3d 499 (2002)
Jurisdiction
Missouri (state)
Effective Date
2002-07-23

Other Sections in This Document (31)

Full Text

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This is a case of first impression in Missouri. We agree with Centerline that including a provision for “consequential” and “any and all” damages in a lease broadens the scope of damages beyond those that are the “natural and direct consequence” of the breach, but even consequential damages are limited. If consequential damage clauses were interpreted to allow recovery for “any and all” damages, however remote, they would include damages entirely unimagined and unforeseeable by the parties and “stretch infinitely in time.” Dobbs, Law of Remedies 228 (2nd ed., Hornbook Series, 1993). The law has therefore limited consequential damages to those that are “within the contemplation of the parties at the time of contracting, or ‘foreseeable’ to them.” Id. at 770; Mark v. H.D. Williams Cooperage Co., 204 Mo. 242, 103 S.W. 20, 25 (1907).