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Amwelladmin (talk | contribs) (Created page with "From the lady doth protest too much school of contractual drafting, a neat and theoretically vacuous attempt to ensure that {{isdaprov|Early Termination Amount}}s determin...") |
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From | From “the lady doth protest too much” school of contractual drafting, a neat and theoretically vacuous attempt to ensure that {{isdaprov|Early Termination Amount}}s determined under an {{isdama}} are not seen as (unenforceable) [[penalty clause]], but rather a [[liquidated damages ]] clause — i.e., a “genuine pre-estimate of loss” caused by a [[breach of contract]], as enunciated by Lord Dunedin in that famous contract case on penalty clauses, {{casenote|Dunlop Pneumatic Tyre Co Ltd|New Garage & Motor Co Ltd}}. | ||
But it either is or it isn’t. As it happens, it probably ''is'' a [[liquidated damages]] clause, but the parties agreeing in a standard form that it is one doesn’t really help that analysis. | But it either is or it isn’t. As it happens, it probably ''is'' a [[liquidated damages]] clause, but the parties agreeing in a standard form that it is one doesn’t really help that analysis. | ||