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...
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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...
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Legal remedy (section Legal remedies (damages))
damages Expectation damages Reliance damages Punitive damages Nominal damages Liquidated damages Statutory damages Treble damages Award of attorney's...
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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...
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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...
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Adequate remedy (section Liquidated Damages)
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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Penal damages are liquidated damages which exceed reasonable compensatory damages, making them invalid under common law. While liquidated damage clauses...
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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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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...
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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...
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Restitution and unjust enrichment (redirect from Restitution damages)
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...
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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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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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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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liquidated damages is to provide certainty and to avoid both the bother and cost of legal proceedings. It is well established that liquidated damages...
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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,...
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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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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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reputation Speculative damages Liquidated damages and penalty Quantum meruit Exemplary or punitive damages Vindicatory damages Damages Robinson v Harman (1848)...
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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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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...
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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...
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Canadian contract law (section Damages)
territories, compensatory and restitutionary damages may be determined by jury. Liquidated damages, in contrast, are damages prescribed by the terms of the contract...
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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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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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the contract between the parties contained a liquidated damages clause. The Court held that the damages clause was a secondary obligation between the...
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had signed an agreement with a dealer to get paid £5 per tyre in liquidated damages if the product was sold below the list price (other than to motor...
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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...
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