Sentences with phrase «damage clause»

Some types of clauses are common and well - known, such as a flood damage clause in a homeowner's policy or a suicide clause in life insurance policy.

Retailers are demanding that their stores be built more quickly, and those deadlines are being incorporated into leases complete with damage clauses for missed deadlines.

Are Liquidated Damage Clauses in Construction Contracts at Risk of Being Declared an Unenforceable Penalty?

Mandatory Arbitration Clause Mitigation of Damages Clause Non Duplication of Benefits Clause Proof of Loss Clause Promissory Estoppel Concept

If you are just moving with friends and not «hiring» them for the move if they damage your property while moving you may have some recourse against them through their personal liability insurance or they may be able to compensate you for damages under the voluntary property damage clause of their home or tenant policy.

A funky liquidated damages clause indicating that defendant would pay a «penalty» for each unauthorized usage of plaintiff's idea to promote HyperG pens «of $ 10,000.»

Counsel for Espitia cites to an unpublished case assertedly upholding a stipulated damages clause due to the difficulty of ascertaining «the exact amount of income certain vending machines would produce.»

A type of liquidated damages clause which is more likely to be acceptable would be for example a fixed term contract which is terminated early, and where the claim is for the balance payable for the rest of the term.

In this case, the clause is not a penalty or liquidated damages clause at all.

Appropriate carveouts from consequential damages clauses should be incorporated in form agreements and negotiated on a project - by - project basis to protect against foreseeable damages.

In a recent decision, the New York Supreme Court, upheld a liquidated damages clause in a dog adoption contract.

For example, in a lawsuit based on a liquidated damages clause in a contract, a defendant and a lawyer might agree that the lawyer be paid a percentage of the amount saved if the ultimate settlement is far below the liquidated damages amount.

Meaning that the floodwaters that you thought were covered by the water damage clause in a standard renters policy will actually be covered by a broad form policy.

However, the property damage clause of apartment rental insurance will cover damage to, or loss of possessions stored in areas external to the home, particularly if they are listed in an inventory submitted early on.

One way is to include a liquidated damages clause.

One of the most specific aspects usually relates to the difficulties that a foreign investor may face with respect to the enforcement of the limitation of liability, the liquidated damage clause, the security package or a foreign judgement.

Following the Supreme Court's latest decision, the long - cited test of whether a liquidated damages clause is a genuine pre-estimate of loss designed to compensate the innocent party rather than deter the defaulting party from committing the breach (as established by early 20th century authority of Dunlop Tyre) is no longer conclusive although the Supreme Court accepted that it might still be of use in considering simple damages clauses in standard contracts.

Usually, a litigants own lost time will not be a compensable item of damages in legal systems derived from those of England called «common law» jurisdictions (including England, Ireland, the United States, Canada, New Zealand and Australia), unless there is an contractual provision that provides that «time is of the essence» and some liquidated damages clause in the contract that quantifies this harm.

Buellesbach indeed is unpublished but it has nothing to do with liquidated damage clauses or vending machines; it is a misrepresentation case brought by newlyweds against a wedding photographer.

Other more specific aspects usually relate to the enforcement by a foreign investor of the limitation of liability and the liquidated damage clause or the nature of security package that can benefit to a foreign player.

While the court acknowledged that the law was unsettled whether a liquidated damages clause in an employment contract amounts to a form of restraint of trade on the basis of the financial burden that it places on the employee, the court ruled unanimously that this was an obstacle to competition and, as such, was in restraint of trade.

In the 2014 split decision of the British Columbia Court of Appeal in Rhebergen v. Creston Veterinary Clinic Ltd., 2014 BCCA 97, the majority of the court upheld the enforceability of an employment liquidated damages clause.

Successfully representing a large broking house in litigation enforcing a seven figure liquidated damages clause on the no show of a rainmaking broker recruited from a competitor — the leading case on the enforcement of liquidated damages clauses in employment contracts.

Liquidated damages clauses can save the par - ties the trouble of arguing about what the damages are if the contract is broken.

The fact that you're in CA really doesn't matter when it comes to the lease; damage clauses, though pretty much universal, are by choice of the landlord.

Contract law contains a fundamental rule: penalty clauses are prohibited and liquidated damage clauses are permitted.

The best way to avoid such a scenario is obviously to obtain good advice when a contract of any kind is drafted but if you have not done so, it is worth getting advice at the time of breach and not just to assume that a liquidated damages clause will be enforceable.

The question was whether the enforceability of a liquidated damages clause should be tested by analyzing the circumstances that existed at the time the contract was formed (the «single look») or at the time of the breach (the «second look»).

The appeals court determined that a liquidated damage clause is enforceable only if the parties agree in advance to the amount of the damages, the damages bear a relationship to the monies lost through the contract termination, and the actual damages might be uncertain and difficult to prove.

The court decided because it would be difficult to establish exactly when and for how much the unsold units might have been sold, a liquidated damage clause was appropriate, and the brokerage was entitled to collect damages.

Most CA contract have a liquidated damages clause.

Many purchase contracts, especially those used in states such as California, contain a liquidated damages clause, which states the seller is only entitled to the earnest money deposit up to a certain percentage of the sales price.