liquidated damages clause example

...This case provides an example of where a "zero" liquidated damages clause did not prevent the principal from recovering general ...

...Indeed, it has been suggested, for example by Hume, that such a generative capacity is the ... contract law should reject expectation damages in favor of a narrower reliance remedy. Fried ... price term is thus an implied-in-fact liquidated damages clause that establishes the liquidated ...

...What is a penalty clause in a contract? . A penalty clause is a clause .... Liquidated damages clauses in construction contracts . An .... For example, construction contracts often contain a clause ...

... whether there is a legitimate interest in creating damages or a fine and whether such fine imposes an obligation that is ... containing a genuine pre-estimate of loss can be valid liquidated damages clauses. . "Deterrence" and "genuine pre-estimate of .... Acquisition agreements: can restrictive covenants (for example, non-compete provisions) be linked to the primary obligation of ...

...Consider the following example from products liability law: Suppose that a ... will then be entitled to recover damages for harms they suffered also from behaviors and .... (56) One contractual example is liquidated damages. Courts will not enforce a liquidated ages clause if it is unreasonable "in the light of the ...

... ("the Agreement") and assessed liquidated damages of $8.25 million, plus prejudgment ... thus insisted on including a noncompete clause in Paragraph 11F of the Agreement, which imposed ...For example, the parties could not easily determine whether ...

...(189) What are the expectation damages for misuse of a work given away for free? (190) ... physical possession of a photograph, for example, knows (or ought to know) in light of the ... a common term like an educational-use only clause. A policymaker might decide that this term is ..., through a clause providing high liquidated damages--to increase the likelihood of ...

... among constitutional provisions, the clause prohibiting state abridgement of the "privileges ... a compensation law or full compensatory damages under the Employers' Liability Act, did not ... An example of the kind of regulation where the issue of ... Court invalidated an award of $500 in liquidated damages plus reasonable attorney's fees imposed ...

...An example of such a clause provides as follows: . Employee and the Company agree that if Employee breaches his obligations under Section--, he shall pay the Company as liquidated damages the stun of two (2) ...

...For example, two people might agree that, as a matter of ..., contract law gives expectation damages. (26) A breaching party is normally required to ...(69) The only apparent reason for this clause was to make litigation costly and difficult for .... (35) Liquidated damages, for example, are permitted only to the ...

...The wording below is a simplified example of a confidentiality clause: . The parties shall keep .... L is for Liquidated Damages . A liquidated damages clause sets out the fixed sum (or ...

...Clauses in contracts that were traditionally not considered to be penalties because they did not arise from ... sums of money or money claims - it can apply to other property or provision of benefits for example, you must sell me your property if you default under this clause; . the proposition can apply in ...

...Arguments that the Due Process Clause requires certain types of forfeiture cases to ...United States (266) may be an early example. There, the government had filed an eleven-count ... attention in the context of punitive damages. (284) Dating back to the eighteenth century, ... meaning of the Constitution as liquidated over time. . Still, the conclusion that these ...

... Act, 1872 and do not mention Risk Purchase Costs being claimed under a separate contractual clause and hence do not throw light on the issue whether Liquidated Damages and Risk Purchase Costs may be ... to imposition of liquidated damages in the nature of penalties for a specific breach, for example, failure to meet specific milestone date or loss of profits or loss of production resulting ...

... legally obligated to pay as compensatory damages because of property damage. "Property damage" is ... that such damages represent a liquidated sum for uncertain or hard-to-quantify actual ...For example, a plaintiff could allege that they were ..." in isolation from the rest of the clause. They will point to the phrase "material that ...

...Damages, whether judicially measured or liquidated by contract, should be viewed as substitutes for conditions. ...Professor Fried provides the example of a sale of a bolt for use in a machine, after which the bolt ... intent of the parties, as expressed in the acceleration clause as well as industry practice. The economic explanation may be ...

... by the Head of School"; a termination clause allowing termination by either party for any ... Id . One example of such sufficient, additional evidence is ..., the revised contract included a liquidated damages clause for breach by the employee. . ...

..., liquidated-damages provisions were disfavored because courts considered them penalty clauses. However, in 1977, California changed the policy of presumptive invalidity of liquidated damages ...For example, in one decision, a liquidated-damages provision in a partnership agreement provided that the ...

..., liquidated-damages provisions were disfavored because courts considered them penalty clauses. However, in 1977, California changed the policy of presumptive invalidity of liquidated damages ...For example, in one decision, a liquidated-damages provision in a partnership agreement provided that the ...

...The decision (which reconsiders the law on penalty clauses in relation to commercial contracts between sophisticated parties (in the Cavendish Square Holdings ... apply to other types of breach as might be specified by the parties to the contract, an example being plant performance shortfalls in EPC contracts. . 3. When the Technology and Construction ...

When damages are awarded to compensate for a breach of ... to cancel the charterparty under a war clause. The House of Lords held, by a majority, that the .... (5) Although both these examples are illustrations of an implausible advantage ... measure of loss (as in the case of a liquidated damages clause) or by providing a mechanical ...

When damages are awarded to compensate for a breach of ... to cancel the charterparty under a war clause.  The House of Lords held, by a majority, that ... (5) Although both these examples are illustrations of an implausible advantage ... measure of loss (as in the case of a liquidated damages clause) or by providing a mechanical ...

...For example, a penalty increase that was greater than $1,000, ...a. Section 5.8(a)--Liquidated Damages Under the Contract Work Hours and Safety ... and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in ...

...-three months into a five-year term, damages reflecting the balance of his remuneration under ... motions judge granted, finding that the clause which provided for early without cause ... with previous decisions regarding liquidated damages, that without a contractual requirement .... This case is yet another example of the dangers of using fixed term contracts, and ...