Actual Damages (实际损害赔偿) VS. Liquidated Damages(约定赔偿金) 真实损失是在违约事实发生之后的对损失的计算,包括损失的利润,有因果关系的开销,或其他由违约导致的直接损失等等,类型包括expectation damages, reliance damages, consequential damages,etc. 而Liquidated Damages是在合同签订时对损失金额的合理的预估,...
Liquidated Damages , Actual Damages ,Mccormick
LIQUIDATED DAMAGES , ACTUAL DAMAGES CR Mccormick 被引量: 0发表: 2003年 Liquidated Damages Recovery Under the Restatement (Second) of Contracts By Susan V. Ferris, Published on 04/01/82 Ferris,V Susan 被引量: 8发表: 1982年 Liquidated Damages Recovery Under the Restatement (Second) of ...
Liquidated damages are meant as a fair representation of losses in situations where actual damages are difficult to ascertain. In general, liquidated damages are designed to be fair, rather than punitive. Liquidated damages may be referred to in aspecific contract clauseto cover circumstances where a...
The more complex the terms of a liquidated damages clause are, the more likely it will be void for uncertainty and unenforceable. If the actual breaching event does not fall within the scope of the breach anticipated by the liquidated damages clause, the clause will not take effect. ...
The amount listed in the contract must reflect an estimate of the actual losses that may be incurred when the breach occurs. However, there is a requirement that the specified damages be a reasonable amount for compensation in case of contract violation. Also, the damages paid should not act...
When liquidated damages aren't proportionate to the real or anticipated loss, the courts can decide they are a penalty. If the court determines the damages are actually a penalty, the provision will be voided, and the injured party will only be able to pursue actual damages caused by the ...
This removes the employer's ability to claim general damages for the actual loss it has suffered as a result of delay. Whilst there may be dispute as to the cause of the delay, if practical completion is achieved and it is determined that the delay is the responsib...
aSince the provisions of the contract should be paid to actual pay should be from the second day of the period until the date of payment, the buyer according to ___ of the day the seller should pay overdue payment of liquidated damages, 因为应该支付合同的供应对实际薪水应该是从期间的第二...
Breach: the seller have to pay liquidated damages provided for in delayed shipping, carry out truthfully describing obligations or consumer protection services provided for payment, return, replacement, maintenance service; shall be made according to the actual transaction price to buyers or sellers ...