Tuesday, April 18, 2017

An enforceable liquidated damages clause.

Practice point:  An enforceable liquidated damages clause is an estimate of the extent of the injury that would be sustained as a result of breach of the agreement, and embodies the principle of just compensation for loss.  Whether a clause is an enforceable liquidation of damages or an unenforceable penalty is a question of law, giving due consideration to the nature of the contract and the circumstances.

Case:  555 W. John St., LLC v. Westbury Jeep Chrysler Dodge, Inc., NY Slip Op 02769 (2d Dep't April 12, 2017)

Here is the decision.

Tomorrow's issue:  Personal jurisdiction over a nondomiciliary.