Under What Circumstances Would A Liquidated Damage Provision Be Unenforceable?
Under What Circumstances Would A Liquidated Damage Provision Be Unenforceable? Liquidated damages clauses are generally enforceable, but most courts will not enforce a liquidated damages provision if (1) it constitutes a penalty as opposed to a reasonable estimate of the actual damages likely to be incurred due to delay, or (2) the party benefitting from