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Liquidated Damages
- Article from:
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AANA Journal
- Article date:
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April 1, 2008
- Author:
- Blumenreich, Gene A
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Copyright informationCopyright AANA Publishing, Inc. Apr 2008. Provided by ProQuest LLC. (Hide copyright information)
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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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Equipment Lessors Can Survive Liquidated Damage Attacks
The Secured Lender;
September 1, 2004 ;
Scott, Mark M;
787 words
......acknowledging that the liquidated damage provision is reasonable and not...otherwise reasonable liquidated damage provision.7 The courts have also...demonstrate that the liquidated damage provision is unreasonable.8 Whether...
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How the courts treat them.(Legal Side)
Security Dealer;
March 1, 2005 ;
Kirschenbaum, Kenneth;
500 words
......states will favor the liquidated damage provision in an alarm contract...your contract has? A liquidated damage provision typically contains at...Courts will enforce a liquidated damage provision where the agreement...
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To rescind or not to rescind. (Insider).
Security Distributing & Marketing;
February 1, 2003 ;
Gold, Lessing E.;
367 words
......demonstrated that the liquidated damage provision in the contract is valid...amount set forth in the liquidated damage clause. The Appellate...decision, ruling that the liquidated damage clause itself was...stated that the liquidated damage provision ...
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STATE COURT'S RULING CRACKS DOWN ON LANDLORD FEES.(BUSINESS)
Daily News (Los Angeles, CA);
September 15, 1997 ;
685 words
......its collection of a liquidated damage deposit equal to one...liquidated damages issue. Liquidated damage provisions are allowed...in their contract a liquidated damage provision in which they agree...situation for the use of a liquidated damage ...
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Late fee for cable Internet service upheld.(SECURITY and the LAW)
Security Distributing & Marketing;
August 1, 2006 ;
Gold, Lessing E.;
511 words
......applicability of a liquidated damage clause contained in...that the late fee liquidated damage provision in the providers...determining whether a liquidated damage provision was valid. The first...negotiate the amount of liquidated damages. The law ...
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Couple splits, stands to lose $50,000 deposit on condo
Chicago Sun-Times;
October 13, 1989 ;
Leonard Groupe;
600 words
......having to help pay for it! A liquidated damage clause in a contract is valid...To ascertain whether a liquidated damage provision is merely a penalty and therefore...held that the contract for liquidated damages of all money already...magnificent mile") was a valid liquidated ...
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COMMISSION APPROVES POTENTIAL FINES TO SPEED HIGHWAY PROJECT
The Journal Record;
September 9, 1987 ;
BILL MAY;
633 words
......the contractors and set a liquidated damage schedule of $1,000 per day...Original contracts contained a liquidated damage clause, but Tuesday's action...supplemental to those accords. Liquidated damage contracts differ from premium...
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A practical response to non-response ordinances.(Security and the Law)
Security Distributing & Marketing;
February 1, 2004 ;
Gold, Lessing E.;
527 words
......These events should be covered by the liquidated damage clause in the alarm contract. For...City, the company should review the liquidated damage clause and the companies' response...contained in its contracts. Well drafted liquidated damage clauses should state that the liability...
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Liquidated damage clause upheld.(Security and the Law)(Brief Article)
Security Distributing & Marketing;
January 1, 2004 ;
Gold, Lessing E.;
290 words
......reverse side. The reverse side of the contract contained a liquidated damage clause. The alarm company received a low battery signal...low battery, but limited the damages to the amount of the liquidated damage clause. The plaintiff appealed. The Appellate Court indicated...
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RM1m a day
New Straits Times;
November 5, 2004 ;
Johannes Ridu;
247 words
......contractor can be liable to pay RM1 million a day of liquidated damage if it fails to deliver the project on time...However, there is a limit to the amount of liquidated damage that can be imposed on the contractor." Malaysia-Chi...
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va. lawmakers are coming back. but where's the punch line?(Local)
The Virginian Pilot;
January 6, 2008 ;
447 words
......engaged in a little legislative sleight-of-hand. He proposes that the abuser fees be replaced by liquidated damage fees. Odd. Liquidated damage fees resemble abuser fees, although they would apply to out-of-state motorists, not just Virginians...
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Tales of WHOA! Company sues lender over early termination fee.
The RMA Journal;
February 1, 2006 ;
Weissman, Michael L.;
542 words
......borrowers. The court also observed that a liquidated damage clause linked to the maximum amount...commercial parties. What's the point? Liquidated damage clauses are quite common for early...is to uphold a freely negotiated liquidated damage clause where actual damages are ...
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Hidden Costs Of Franchise Agreements.(Brief Article)
Hotels;
October 1, 2001 ;
Rushmore, Stephen;
787 words
......include items such as liquidated damage provisions, specialized...specific hotel franchise. Liquidated Damage Provision Most franchises run...have agreed through a liquidated damage provision exactly how the damage...
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MALUNGON TOWN OFFICIALS FACE GRAFT RAPS FOR PURCHASES
The Manila Times;
September 25, 2006 ;
Palma, Isagani P;
531 words
......withholding taxes in the amount of P111,000 and collect liquidated damage of P239,400 for the delay in the delivery. It also questioned...of using it as his own. As for the withholding tax and liquidated damage, Padernilla said the local government has already collected...
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Franchise negotiation services.(SUPPLY Side: INNOVATIONS IN HOTEL PRODUCTS...
Lodging Hospitality;
April 1, 2005 ;
64 words
......led by founder and President Steve Belmonte, provides new franchise agreement negotiations, franchise termination and liquidated damage claim negotiations, mediation, expert witness, litigation support, motivational speaking, market studies, feasibility studies...
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