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Liquidated Damages

Keywords: Contracts, liquidated damages.

While few of us stop to think about it, the concept of a contract is pretty remarkable. The power of the state is available to private parties to make arrangements among themselves. Not only will the state enforce privately negotiated terms, but the parties are also allowed to vary terms and results between themselves that the state otherwise imposes. It is fairly common, for example, for a contract to require a fixed period for inspection and rejection of goods or to establish a shorter period in which suit has to be brought than the one specified in the state's statute of limitations.

One of the differences between the Law of Torts (the portion of ...

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