Why are liquidated damages a risk for both parties to the contract?

What will be an ideal response?


Because the actual damages from a breach may be higher or lower than the amount specified in the contract. If they are lower, the breaching party is paying more than he would have otherwise. If they are higher, the non-breaching party is not being fully compensated for his loss.

Legal Studies & Paralegal

You might also like to view...

Legal capacity involves being of sound mind and reaching the age of ________

Fill in the blank(s) with correct word

Legal Studies & Paralegal

The clause found in the Fifth Amendment to the U.S. Constitution that allows the taking of private property for a public use when the government pays just compensation to the property owner, is the:

a. Contracts Clause b. Takings Clause c. Ex Post Facto Clause d. Commerce Clause

Legal Studies & Paralegal

Lawsuits brought by submitters of records to agencies to prevent the disclosure of information are known as _____ FOIA actions

Fill in the blank(s) with correct word

Legal Studies & Paralegal

A defendant who pays more than his or her pro-rata share of the damages is entitled to ____________________ from the other defendants.

Fill in the blank(s) with the appropriate word(s).

Legal Studies & Paralegal