What characteristic defines consequential damages in a breach of contract?

Consequential damages are defined by their requirement for the breaching party to have knowledge of special circumstances that may lead to additional losses resulting from a breach of a contract. These damages are not simply a direct result of the breach but instead refer to losses that are not immediately foreseeable and may only occur in certain situations.

To illustrate, if a party breaches a contract and the non-breaching party suffers additional losses that were not anticipated or would not typically arise from a standard breach, those losses may be classified as consequential damages. However, for these to be recoverable, the breaching party must have had prior knowledge of those special circumstances at the time the contract was formed. This understanding highlights why knowledge of the circumstances is critical for determining the responsibility for such damages.

In contrast, characteristics such as direct results from the breach or automatic awards do not capture the specific nature of consequential damages. Additionally, while consequential damages may apply in various contexts, including personal injury, they are not limited to that scenario. Therefore, knowledge of the circumstances uniquely defines consequential damages in legal contexts surrounding breach of contract.