The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage. The Pacific Reporter - Էջ 1981898Ամբողջությամբ դիտվող - Այս գրքի մասին
| New York (State). Commissioners of the Code, New York (State). - 1865 - 896 էջ
...the next section. amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage. The use of the phrase " liquidated damages " leads frequently to an evasion of the law in respect to... | |
| California, California. Commission to Revise the Laws of California - 1871 - 894 էջ
...presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage. The use of the phrase " liquidated damages " leads frequently to an evasion of the law in respect to... | |
| California - 1872 - 728 էջ
...presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage. NOTE. — Where S sold to R his butcher shop, tools, etc.', at Suisun, and in his contract of sale... | |
| 1899 - 2058 էջ
...which he was employed by the defendant. When the subject-matter of a contract is of such a nature- that it would be impracticable or extremely difficult to fix the actual damages by evidence, the parties thereto may agree upon, or liquidate, the damages to be recovered... | |
| 1906 - 2090 էջ
...liquidated damages for its breach 145 F.— 2 shall be void, except where "from the nature of the case It would be Impracticable or extremely difficult to fix the actual damage." Held, that the contract could not be said, as matter of law, to be within the exception so as to justify... | |
| New York (State). - 1885 - 422 էջ
...presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage, and may also agree upon the forfeiture of previous payments upon failure to fulfill § 1085. Every... | |
| Theodore Sedgwick, Arthur George Sedgwick - 1891 - 742 էջ
...Co. v. Moore, 75 Cal. 205, according to the Code, § 1671, which allows liquidated damages only when it would be impracticable or extremely difficult to fix the actual damage ; Brennan v. Clark, 45 NW Rep. 472 (Neb.). (b) Hahn v. Horstman, 12 Bush 249 ; Greer v. Tweed, 13 Abb.... | |
| 1902 - 812 էջ
...presumed to be the amount of damages sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage." There is nothing in the record to show that the damage to the appellees by reason of the breach of... | |
| Abraham Clark Freeman - 1892 - 1038 էջ
...the answer was unnecessary labor. Whether a contract is such that " from the nature of th» «ase " it would be impracticable or extremely difficult to fix the actual damage sustained by a breach thereof is a question of fact, which must be determined in each particular case;... | |
| Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - 1912 - 938 էջ
...presumed to be the amount of damages sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage." In the case of Mansur-Tcbbctt.s Implement Co. v. George R. Willet, 10 Okla. 383, 61 Pac. 1066, which was... | |
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