• Thumbnail for Liquidated damages
    Liquidated damages, also referred to as liquidated and ascertained damages (LADs), are damages whose amount the parties designate during the formation...
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  • damages which the parties contracted as liquidated, but which the court nonetheless found to be penal. To determine whether a clause is a liquidated damages...
    32 KB (4,256 words) - 06:59, 3 July 2024
  • Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant...
    22 KB (3,111 words) - 14:19, 24 November 2023
  • damages Expectation damages Reliance damages Punitive damages Nominal damages Liquidated damages Statutory damages Treble damages Award of attorney's...
    21 KB (3,254 words) - 19:24, 8 January 2024
  • Consequential damages, otherwise known as special damages, are damages that can be proven to have occurred because of the failure of one party to meet...
    6 KB (769 words) - 10:59, 24 February 2024
  • Thumbnail for Penal damages
    Penal damages are liquidated damages which exceed reasonable compensatory damages, making them invalid under common law. While liquidated damage clauses...
    3 KB (377 words) - 03:22, 6 April 2023
  • States law, treble damages is a term that indicates that a statute permits a court to triple the amount of the actual/compensatory damages to be awarded to...
    3 KB (510 words) - 17:37, 30 September 2023
  • liquidated damages provision. The Oklahoma Supreme Court rejected Arkla's contention, stating: "Moreover, the deficiency payment is not a liquidated damages...
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  • liquidated damages. The objectives to fulfil the remedies is to make the plaintiff or suffering party not to suffer, the law allows several damages or...
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  • Statutory damages are a damage award in civil law, in which the amount awarded is stipulated within the statute rather than being calculated based on...
    7 KB (819 words) - 01:57, 23 July 2020
  • is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a...
    36 KB (4,698 words) - 19:11, 30 May 2024
  • liquidated damages is to provide certainty and to avoid both the bother and cost of legal proceedings. It is well established that liquidated damages...
    7 KB (981 words) - 09:31, 30 November 2021
  • operations of loading/unloading. Officially, demurrage is a form of liquidated damages for breaching the laytime as it is stated in the governing contract...
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  • Incidental damages refers to the type of legal damages that are reasonably associated with, or related to, actual damages. In American commercial law,...
    680 bytes (74 words) - 21:03, 1 November 2020
  • Reliance damages is the measure of compensation given to a person who suffered an economic harm for acting in reliance on a party who failed to fulfill...
    7 KB (1,053 words) - 17:10, 14 April 2023
  • Thumbnail for Efficient breach
    unconventional damage measures liquidated. The common law courts then continued to revisit the provisions of liquidated damage provision from the "breacher"...
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  • Thumbnail for Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd
    same resale price maintenance agreement but ruling on the concept of liquidated damages. Under the modern law of the Competition Act 1998 or EU competition...
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  • prevailing plaintiff may be awarded: (1) compensatory and punitive damages; or (2) liquidated damages of $10,000. Specifies the statute of limitations for civil...
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  • Thumbnail for Specific performance
    available in the sale of land law, but otherwise is not generally available if damages are an appropriate alternative. Specific performance is almost never available...
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  • Thumbnail for Contract
    Contract (section Damages)
    compensatory damages are designed to put the injured party in his or her rightful position, usually through an award of expectation damages. Liquidated damages are...
    238 KB (31,096 words) - 11:13, 7 June 2024
  • Thumbnail for Canadian contract law
    territories, compensatory and restitutionary damages may be determined by jury. Liquidated damages, in contrast, are damages prescribed by the terms of the contract...
    124 KB (16,695 words) - 14:31, 24 May 2024
  • construction rules to rule that the DPPA's liquidated damages do not accrue to a plaintiff unless he can show actual damages. Kehoe appealed to the 11th Circuit...
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  • action Expectation damages, a form of damages available as a recourse to a breached contract Liquidated damages, damages which are liquidated/assessed and fixed...
    1 KB (179 words) - 18:41, 27 September 2021
  • criteria must be satisfied: (i) Common law damages must be an inadequate remedy. For instance, when damages for a breach of contract found in favour of...
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  • hiring a collection agency. Some contracts and regulations prescribe liquidated damages for collection costs. When collection costs occur, the debtor has...
    854 bytes (83 words) - 04:41, 20 November 2023
  • reputation Speculative damages Liquidated damages and penalty Quantum meruit Exemplary or punitive damages Vindicatory damages Damages Robinson v Harman (1848)...
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  • (typically by milestones) Completion date Completion guarantee and Liquidated Damages (LDs): Performance guarantee and LDs Cap under LDs An operation and...
    29 KB (4,027 words) - 00:45, 26 February 2024
  • declaratory judgment does not by itself order any action by a party, or imply damages or an injunction, although it may be accompanied by one or more other remedies...
    12 KB (1,602 words) - 14:06, 24 October 2022
  • Thumbnail for Unconscionability
    unilateral mistake regarding the terms or conditions of a contract or a liquidated damages clause. Relief for unilateral mistake may be granted if the mistake...
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  • the actual damages are higher or lower than the pre-estimate. Liquidated damages are always calculated on calendar days. Liquidated Damages may be capped...
    12 KB (1,780 words) - 03:29, 28 April 2024