liquidated damages clause example
Tortious interference and the law of contract: the case for specific performance revisited.
... performance versus money damages, has provided adequate fodder for ... give in the absence of such a clause. For example, liquidated damages ...
Liquidated Damages In The Nation's Capital
...For example:. [T]he deposit herein provided for may be forfeited at the option of ... that buyers and sellers over the years have disagreed on how these clauses should be enforced. On the one hand, some buyers have argued that sellers ...
The Court Of Appeal In England & Wales Curtails Use Of Liquidated Damages For Delay
...] EWCA Civ 230 has shattered orthodox thinking on how to apply a clause imposing liquidated damages for delay to completion in circumstances where ...Using the Design & Build form as an example, possible amendments (in bold) would be:. 2. 29.2 - Delete lines 1 and ...
Epic Systems Corp. v. Lewis, 052118 FEDSC, 16-285
... "saving clause" removes this obligation if an. ... it wishes-by explaining, for example,. that, "[notwithstanding any ... equivalent amount in liquidated damages); cf. Resnik,. ...
- 7 C.F.R. § 1924.6 - Performing development work
Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2016
... life of each Congress; for example, PL 112-4 is the fourth public law ...0750-AH90............. Clauses With Alternates--. ... for the assessment of liquidated damages. This rule is of particular ...
New York Bankruptcy Court Affirms Enforceability Of Well-Drafted Make-Whole Provision Against Bankrupt Debtor In In Re 1411 Realty Owner, LLC
... advantageous termsfor example, if prevailing interest rates have ... treat make-wholes as liquidated damages provisions, which, under New ... the "voluntary prepayment" clause at issue in that case, as ...
- Model Business Corporation Act as Adopted in Louisiana
Liquidated damages: the forgotten remedy in noncompete disputes: damages are often difficult to prove in unfair competition cases. Attorneys who draft restrictive covenant agreements can provide their clients with a more effective - and efficient - remedy by being aware of the law concerning liquidated damages clauses.
...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 ...
Are Liquidated Damages Down The Drain In California?
... provisions were disfavored because courts considered them penalty clauses. However, in 1977, California changed the policy of presumptive invalidity ...For example, in one decision, a liquidated-damages provision in a partnership ...
324 U.S. 697 (1945), 445, Brooklyn Savings Bank v. O'Neil
... waiver of his right to liquidated damages under § 16(b) of the Fair ... Fair Labor Standards Act, a clause providing that any agreement for ... See, for example, 33 U.S.C. § 914(e) and (f); 46 ...
A framework for bailout regulation.
... restructured or possibly liquidated. But while Ford had taken on ... of government abuse--for example, where the government used its ... are based on the Takings Clause of the U.S. Constitution. (247) The ... the fact and provide for damages rather than injunctive relief. The ...
Intruders in the boardroom: the case of constituency directors.
... of actions and events of the example can be described as follows: . 1. ...Corp. Inc. is liquidated and the cash flows (i.e., $50) are ..., could mimic the exculpatory clause--included in most "interested ..., AND INFRINGEMENT DAMAGES 97 (4th ed. 2011). In declining ...
- 7 CFR 1924.13 - Supplemental requirements for more complex construction
Owners should never gamble with liquidated damage clauses.
.... Chief amongst these mechanisms are liquidated damages clauses that seek to give to an event of breach of the contract at an ... dollar figures to unquantifiable events, automobile accidents, for example, liquidated damages doctrine insists that there be some nexus between the ...
Bunge Jumping The Gun
When damages are awarded to compensate for a ... the charterparty under a war clause. The House of Lords held, by a ... (5) Although both these examples are illustrations of an implausible ... loss (as in the case of a liquidated damages clause) or by providing a ...
Workforce Innovation and Opportunity Act
...For example, the Department retains the ... of the restrictive covenant clause, clarifying eligibility criteria for ... that have not been paid (liquidated). For reports prepared on an accrual ...Sec. 686.900 Are damages caused by the acts or omissions of ...
Concurrent Delay Is The English Court Of Appeal's Clarification Conclusive?
... of Appeal has held that a clause denying an extension of time to a ... not entitled to collect liquidated damages, and the Contractor is not ...For example, most jurisdictions in the United ...
Unique Construction Defect Damages Mitigation Issues, 0215
COBJ, 2015, February, Pg. 33
... become blurred. For example, if a builder who improperly. constructs a ... to Mitigate Delay and Liquidated Damages Claims. . . ... in the face of a liquidated damages clause). But see Fortin, "Why There Should be a ...
Punishing and deterring the unknowing: mandatory treble damages under the Massachusetts Wage Act.
... the employer violator and sets an example to deter other employers from committing wage and ... state that the treble damages are "liquidated damages," however this phrase acts as an illusion ...408, 416 (2003) ("The Due Process Clause of the Fourteenth Amendment prohibits the ...
21 U.S. 1 (1823), Green v. Biddle
... from the amount the damages which the land has sustained by ... is provided, by a subsequent clause, that in no case shall the ..., but even that is to be liquidated by a tribunal far more unfavourable ... . by taking the example for the rule. [g] Dr. Paley, ...
- Commerce, Commonality, and Contract Law: Legal Reform in a Mixed Jurisdiction
- No Act of God Necessary: Expanding Beyond Louisiana's Force Majeure Doctrine to Imprévision
- Secured Claims