合同与履行第 826 / 1605 题
For a liquidated damages clause to be enforceable rather than struck down as a penalty, courts generally require that:
a.The clause be notarized
b.The stated amount be a reasonable estimate of anticipated damages that would otherwise be difficult to determine
c.Actual damages be easy to calculate
d.The amount be at least triple the actual loss
解析
A liquidated damages provision is enforceable when, at the time of contracting, the fixed amount is a reasonable estimate of the harm that a breach would cause and actual damages would be difficult or impractical to determine. If the amount is grossly disproportionate to any anticipated loss, courts treat it as an unenforceable penalty. Notarization is irrelevant, and the doctrine applies precisely because actual damages are hard, not easy, to calculate.
法律依据: California Civil Code §1671免费刷完整 1605 道题库 — 无需注册。
同考点相关题目
- In a time-and-materials (T&M) contract, the contractor is compensated based on:
- Which contract type places the greatest risk of cost overruns on the contractor rather than the owner?
- A liquidated damages clause in a construction contract is best described as:
- A contract states, 'Liquidated damages of $500 per day shall apply for each day completion is late beyond the substantial completion date.' If the contractor finishes 10 days late, the owner's presumptive recovery under a valid clause is:
- When a contract states that 'time is of the essence,' it means:
- In the absence of a 'time is of the essence' clause or a specified completion date, a contractor is generally obligated to complete the work: