Not exact matches
(c) In the event the aircraft is lost or
damaged beyond repair, the Government shall pay the Contractor a sum equal to the fair market value of the aircraft
at the time of such loss or
damage, which value may be specifically agreed to in
clause 1252.228 - 71, «Fair Market Value of Aircraft,» less the salvage value of the aircraft.
The
damages for late payment
clause was, however, omitted from the draft legislation, but could be reinserted
at a later date.
Although they fail to «draw a mathematical bright line between the constitutionally acceptable and the constitutionally unacceptable,» id.,
at 458; Has lip, 499 U. S.,
at 18, a majority of the Justices agreed that the Due Process
Clause imposes a limit on punitive
damages awards.
The court set the punitive
damages at $ 100,000 considering the «outrageous» behaviour of the defendant in dismissing Gordon and trying to hold him to their non-compete
clause.
In accordance with the key principle of the Default
Clause that
damages are to be based on (but not limited to) the difference between the contract price and the actual or estimated value of the goods
at the date of default, the Board of Appeal had awarded Buyers substantial
damages.
At issue before the Supreme Court was whether the immunity
clause in s. 43 of the Alberta Energy Resources Conservation Act had the effect of barring her claim for Charter
damages.
Of course, evidential issues will prove problematic — if
damaging property is the main breach — it will not work every time, but one would hope that a specific
clause would
at least make our abuser in the supermarket car park think twice and make it easier to punish him if he does not.
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»).
Tenants may seek to alter
damage and destruction
clauses, look more closely
at what constitutes «normal conduct of business» and interruptions in business, and demand specific security measures, according to a report from Julien J. Studley Inc., which specializes in tenant representation.