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References in periodicals archive ?
Our opinion is that any demurrage, beyond the two additional periods, should be considered a claim for liquidated damages.
Any attorney drafting contracts on a regular basis knows two different client goals for liquidated damages clauses.
It should be pointed out that liquidated damages, are not solely reflective of what the parties genuinely believe the loss might be.
The liquidated damages amount is often calculated as a percentage of the firm's historical annual billings to such lost clients for the year preceding the partner's departure, and it is triggered if the departing partner or the firm services the clients taken during the two-year period after the partner leaves the firm.
43) Some courts have also, or alternately, required that the liquidated damages not be substantially different from the actual loss, measured subsequent to the breach.
Under my proposal, liquidated damages in the amount of double the actual damages would replace punitive damages in Title VII.
This article reviews the application of a liquidated damages clause to an employment restrictive covenant agreement and emphasizes how practitioners can draft enforceable clauses for their business clients' protection.
The Arkansas general rule pertaining to liquidated damages is that an agreement for liquidated damages in advance of the breach of contract will be enforced if the amount is
A properly written liquidated damage clause must satisfy the following criteria: (a) the parties to the lease must both intend the provision constitutes liquidated damages, rather than a penalty; (b) the resulting actual damages the property manager would suffer from late rent payment or other default must be difficult to determine at the time the lease is signed; and (c) the amount of liquidated damages to be paid must be reasonable and proportionate to the loss that would be suffered by the property manager.
Arrowhead insisted on enforcing the liquidated damages clause, and Klyap duly submitted a check for the stipulated amount of $4,100, which was 20% of the stated salary.
federal government, a contractor, or a subcontractor from engaging in the practice of bid shopping; (2) provide for the contracting officer to terminate a contract or impose liquidated damages upon determination that bid shopping has occurred; and (3) provide that a contractor or subcontractor who has been subject to the imposition of liquidated damages with respect to two contracts within a five-year period wi ll be deemed to lack integrity and business ethics within the meaning of Federal Acquisition Regulation (FAR) Part 9.
She sued for a precise amount of liquidated damages.