liquidated damages

liquidated damages
liquidated damages see damage 2

Merriam-Webster’s Dictionary of Law. . 1996.

liquidated damages
n.
The amount of damages that a party to a contract agrees to pay if he or she breaches it.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


liquidated damages
In a contract, an amount of money agreed upon by both parties that a party who breaches the contract will pay to the other party. Liquidated damages clauses may not be enforced by judges when they appear in consumer contracts, because they are often used to punish the party who breaks the contract, rather than to compensate the other side for its actual damages.
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Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

liquidated damages
A fixed or determined sum agreed by the parties to a contract to be payable on breach by one of the parties. If a liquidated damages payment constitutes a penalty it will be void. The term also describes sums expressly payable as liquidated damages under statute. In all other cases where the court quantifies or assesses damages or loss, whether pecuniary or non-pecuniary, the damages are known as unliquidated damages.
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Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.


liquidated damages
Monetary compensation for a loss, detriment, or injury to a person or a person's rights or property, awarded by a court judgment or by a contract stipulation regarding breach of contract.

Dictionary from West's Encyclopedia of American Law. 2005.


liquidated damages
Monetary compensation for a loss, detriment, or injury to a person or a person's rights or property, awarded by a court judgment or by a contract stipulation regarding breach of contract.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

liquidated damages
n.
   an amount of money agreed upon by both parties to a contract which one will pay to the other upon breaching (breaking or backing out of) the agreement or if a lawsuit arises due to the breach. Sometimes the liquidated damages are the amount of a deposit or a down payment, or are based on a formula (such as 10% of the contract amount). The non-defaulting party may obtain a judgment for the amount of liquidated damages, often based on a stipulation (clear statement) contained in the contract, unless the party who has breached the contract can make a strong showing that the amount of liquidated damages was so "unconscionable" (far too high under the circumstances) that it appears there was fraud, misunderstanding or basic unfairness.
   See also: contract, damages

Law dictionary. . 2013.

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  • liquidated damages — noun An amount owed to a plaintiff in a lawsuit by the defendant that is determined by operation of law, such as the unpaid amount in a breach of contract. See Also: unliquidated damages …   Wiktionary

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