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2 cards from this section. Quick, good the night before a test.
What is meant by liquidated damages?
Think about how contracts foresee possible issues.
Are penalties generally enforceable?
Recall the distinction between fair compensation and punitive measures.
What are liquidated damages?
Remember that they are meant to estimate loss.
True or False: Penalty clauses in contracts must always be enforced.
Think about what penalties represent.
A construction contract includes a clause for liquidated damages of $5,000 for any delay in delivery. However, a judge deems this excessive since the actual anticipated loss was only $1,500. Discuss the implications for the enforceability of the clause.
Consider how courts view fairness in contracts.
Differentiate the application of liquidated damages and penalties in a technology licensing agreement that includes both types of clauses. Analyze potential legal risks involved.
Think about how terms are defined concerning penalties and agreements on liquidated damages.
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