An employment contract may state the amount of liquidated damages to be paid if the contract is breached. Upon a party's breach, the other party will recover this amount of damages whether actual damages are more or less than the liquidated amount.
If the agreed-upon liquidated damage amount is unreasonable, the Court will hold the liquidated damage clause to be void as a penalty. If the Court declares the clause to be void, the employer would have to prove the actual damages.
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Breaching your employment contract may well result in a disciplinary process, which may eventually lead to your dismissal. Although an employer can also pursue you for damages, this can only be in respect of financial loss which they have suffered as a result of your breach.
Liquidated damages clauses are generally enforceable, but most courts will not enforce a liquidated damages provision if (1) it constitutes a penalty as opposed to a reasonable estimate of the actual damages likely to be incurred due to delay, or (2) the party benefitting from the liquidated damages clause is
Although the non-breaching party cannot recover both liquidated damages and the actual damages that the parties liquidated, merely agreeing to liquidate one category of damages does not by itself bar the non-breaching party from recovering actual damages for other categories of damages that the parties did not
Liquidated damages are a means of compensation for the breach of a contract.However, the purpose of a liquidated damages clause is not to punish the person that breaches the contract. Example: Gerald has agreed to purchase Reta's home for $50,000. As part of the agreement, he must put down a deposit of $5,000.
Breaching your employment contract may well result in a disciplinary process, which may eventually lead to your dismissal. Although an employer can also pursue you for damages, this can only be in respect of financial loss which they have suffered as a result of your breach.
The legal status of service credits is an important but often overlooked issue in the drafting of IT contracts. It is frequently assumed that as service credits provide a pre-specified financial remedy in the event of poor performance they are a form of liquidated damages.
Under the English Common Law, parties may name a sum to be payable in case of breach, which if classified by the court as a penalty is irrecoverable but if classified as liquidated damages is recoverable.The terms used by the parties are not conclusive and the court is not bound by their phraseology.
Is Your Liquidated Damages Clause Lawful in California? In California, it is possible to enforce a liquidated damages clause. The amount agreed to at the time that you and the other party sign the contract must be a reasonable estimate of losses that may be suffered should they fail to perform.
