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Court Of Chancery Explains Categories Of Damages

Posted In M&A

Pharmaceutical Product Development Inc. v. TVM Life Science Ventures VI, LP,  C.A. 5688-VCS (February 16, 2011)

Agreements sometimes try to limit any damages from a misrepresentation or contract breach by excluding consequential or special damages.  This decision notes that is hard to do because what falls into what category of damages is not always clear.  Better to limit damages some other way such as by the amount paid to the seller.

The opinion is also noteworthy as an example of the far-reaching scholarship the Court undertook to understand the science involved in the dispute.  Litigants should not underestimate the Court of Chancery in such matters.

Tags: M&A
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