liquidated damages clause example
- Model Business Corporation Act as Adopted in Louisiana
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 ...
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
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
- No Act of God Necessary: Expanding Beyond Louisiana's Force Majeure Doctrine to Imprévision
302 F.3d 1291 (Fed. Cir. 2002), 01-1390, Monsanto Co. v. McFarling
... The Forum Selection Clause . Mr. McFarling ... agreed that Monsanto's damages for saving and replanting seed shall ...'s other remedies, liquidated damages based on 120 times the ...For example, in Northwestern National Insurance ...
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 ...
- Minimizing Counterparty Bankruptcy Risk
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, ...
- Secured Claims
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 ...
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 ...
- Damages in Dissonance: The 'Shocking' Penalty for Illegal Music File-Sharing