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Nielsen J, acting as chambers judge, found that the clause was a genuine pre-estimate of damages, which imposed liquidated damages and not a penalty. It was therefore not in conflict with the anti-deprivation rule, and Chandos could enforce clause VII Q(d) against Deloitte. [6]
The liquidated damages shall not preclude the demand for performance or the exercise of the cancellation right. Any penalty is presumed to constitute liquidated damages. In the U.S. state of Louisiana, which follows a civil law system, liquidated damages are referred to as "stipulated damages". [21]
United States v. Utah Construction & Mining Company, 384 U.S. 394 (1966), is a United States Supreme Court case in which the Court held that "(w)hen an administrative agency is acting in a judicial capacity and resolves disputed issues of fact properly before it which the parties have had an adequate opportunity to litigate, the courts have not hesitated to apply res judicata to enforce repose."
Jacob & Youngs, Inc. v. Kent, 230 N.Y. 239 (1921) is an American contract law case of the New York Court of Appeals with a majority opinion by Judge Benjamin N. Cardozo.The case addresses several contract principles including applying the doctrine of substantial performance in preventing forfeiture and determining the appropriate remedy following a partial or defective performance.
Ruxley Electronics and Construction Ltd v Forsyth [1995] UKHL 8 is an English contract law case, concerning the choice between an award of damages for the cost of curing a defect in a building contract or (when that is unreasonable) for awarding damages for loss of "amenity".
It should not be confused with Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd, [2] a separate decision of the House of Lords in the preceding year relating to substantially the 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 law ...
The Severin doctrine, established in the 1943 case Severin v.United States, 99 Ct. Cl. 435, is a legal principle in United States federal contract law.It stipulates that a prime contractor cannot sue the federal government to recover damages incurred by a subcontractor unless the prime contractor is liable to the subcontractor for those damages.
Liquidated damages; Liquidated damages refer to a predetermined amount of money that must be paid by the breaching party, and they are fixed numbers agreed upon by both parties during the formation of a contract. Courts enforcing a liquidated damages provision would consider the reasonableness of its amount, specifically if it approximates the ...