Be Wise › Contract glossary › Consequential loss
Consequential loss
Consequential loss is loss that does not flow directly and naturally from a breach but results from special circumstances, such as lost profits on another deal. Contracts often exclude it, but the meaning of the phrase has been much litigated.
In more detail
Because courts have interpreted “consequential loss” narrowly, careful drafting lists the specific losses excluded — lost profits, lost savings, loss of goodwill — rather than relying on the phrase alone.
Put it into a contract
Be Contract Wise provides very powerful, carefully prepared tools to draft and review simple or complex contracts under the law of England and Wales or Scots law, explaining every clause in plain English.
England & Wales appScotland appReviewed 2026-09-24. General legal information, not legal advice.