2023년 1월 31일 화요일

Can liquidated damage be a penalty meaning it bears no relation to the legitimate interest under English law?

No, liquidated damages are not considered to be a penalty under English law. Liquidated damages are an estimate of the loss that would be suffered by one party if the other party breaches the contract. As such, it must be an amount that is a genuine pre-estimate of the likely loss that would be suffered, and must not be excessive or oppressive.

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