liquidated damages clause example
For whom should the corporation be sold? Diversified investors and efficient breach in Omnicare v. NCS.
... of incorporation by, for example, construing the agreements against ... with respect to which money damages would not be an adequate remedy. ... absence of a fiduciary out clause, this mechanism precluded the ... specific performance, liquidated damages or otherwise. (93) Indeed, ...
- 7 CFR 1924.13 - Supplemental requirements for more complex construction
- No Act of God Necessary: Expanding Beyond Louisiana's Force Majeure Doctrine to Imprévision
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 ...
Liquidated Damages In Purchase And Sale Agreements: Connecticut
... a long history of judicial consideration of liquidated damages clauses, dating back to the 1817 case of Riley v. Hartford Ins. Co., where the ....,4 a case concerning the purchase of commercial real estate, for example, the Connecticut Supreme Court cited to an employment contract case,5 a ...
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 ...
- Operating the Estate
Article III Judicial power, the adverse-party requirement, and non-contentious jurisdiction.
...Many of the examples of non-contentious jurisdiction that ... and to fix the amount of damages based on the court's own ... and, under the Due Process Clause of the Fifth Amendment, applies to ... if the figure was not liquidated. Id. at 400. Today, as the text of ...
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 ...
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 ...
The four Arctic law pillars: a legal framework.
...The primary example is the United Nations Convention on ... (104) and complex common law damages mechanisms and formulae. (105) ... thorny area relates to liquidated damages clauses, which act as ...
Employment law violations.
... subject to the general duty clause requiring an employer to furnish a ... overtime compensation, or liquidated damages, which must be commenced .... (30.) For example, in March 2009 OSHA cited a Nebraska ...
In Hindsight . . . Supreme Court Of Kentucky Reaffirms Its Retrospective Approach To Enforcing Liquidated Damages Provisions
...For example, a 2016 decision from the Supreme Court of Ohio reversed a lower court's ... from a breach in order to recover under a liquidated damages clause. Yet, in December, the Supreme Court of Kentucky reaffirmed that the ...
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 ...
- Bond for Deed in Louisiana: 99 Problems but Being a Sale Ain't One
An Owner's Guide To Related Claims
... and language of time-related clauses in the contract, such as a "time is ..., force majeure clause, liquidated damages clause, waiver of damages ... that impact by failing, for example, to request additional time. A ...
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 ...
OP-ED: A state transportation agency's big victory in legal battle.
... awarded $57.2 million in liquidated damages to the Washington State ... unforeseen site conditions clause . Contractors should always ensure ... conditions clause and, for example, uncovers a large underground oil ...
763 F.3d 273 (3rd Cir. 2014), 13-1615, VICI Racing, LLC v. T-Mobile USA, Inc.
... awarded VICI $7 million in damages. On appeal, T-Mobile argues that it ... to what it contends is a liquidated damages clause in the contract. . ...For example, Meixner helped set up meetings for ...
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 ...
419 F.3d 543 (6th Cir. 2005), 04-1916, In re Dow Corning Corp.
..., Dow Corning suggested a clause requiring payments of $100 per day ... contractual provision of liquidated damages had not been met. Bear ...For example, under this clause, if Dow Corning ...
Parties frequently obtain patents for one purpose, only to use those patents for another. This Article calls such divergences between parties' initial motivations to obtain patents and those patents' predominant uses later on “patent schisms.” Because traditional patent law theories typically treat the purposes of patents as static, scholars have neglected to explicitly examine patent schisms and
Leveraging Employment Restraints To Protect Business Assets
... decision to proceed with a damages case. Some employers try to side ... by including a "liquidated damages" clause in the restraint ...For example, in the accounting profession, it is ...
Pettit v. Steppingstone, 070711 FED6, 09-2260
... of School"; a termination clause allowing termination by either party ... Id . One example of such sufficient, additional ... contract included a liquidated... included a liquidated damages...
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 ...