 | New York (State). Commissioners of the Code, New York (State). - 1865 - 896 страници
...void, except as expressly provided by 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 страници
...therein upon an amount which shall bo 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 страници
...Exception. 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. NOTE. — Where S sold to R his butcher shop, tools, etc.', at Suisun, and in his contract of sale... | |
 | California - 1876 - 626 страници
...presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the ease, it would be impracticable or extremely difficult to fix the actual damage. § 1672 of said Code is repealed. [In effect July 1, 1874.] § 1673. Every contract by which any one... | |
 | 1906 - 2090 страници
...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." In Illinois there is no statute upon the subject. Two questions, therefore, are raised. First : Is... | |
 | 1885 - 968 страници
...therein upon an amount which shall be 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." When parties have endeavored to contract with reference to damages, — when they have explicitly declared... | |
 | 1892 - 1156 страници
...the pleading, and its denial in the answer was unnecessary labor. Whether a contract is such that, "from the nature of the case, ''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;... | |
 | 1919 - 1020 страници
...compensations to be made for breach of said obligation in anticipation thereof was void except where from the nature of the case it would be impracticable or extremely difficult to fix the actual damages. In that case no actual damages were alleged, and the question as to whether the contract had... | |
 | 1920 - 1148 страници
...party. Unquestionably the obligee would suffer some damage by a breach of this stipulation. Obviously from the nature of the case It would be impracticable or extremely difficult to flx the actual damage. In these circumstances It seems to us that the stipulation involved must be... | |
 | New York (State). - 1885 - 422 страници
...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, and may also agree upon the forfeiture of previous payments upon failure to fulfill § 1085. Every... | |
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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. 
