Pre-Estimate - ISDA Provision: Difference between revisions

From The Jolly Contrarian
Jump to navigation Jump to search
No edit summary
Tag: Redirect target changed
 
(One intermediate revision by the same user not shown)
Line 1: Line 1:
{{isdaanat|6(e)(v)}}
#redirect[[Payments on Early Termination - ISDA Provision]]
From [[the lady doth protest too much]] school of contractual drafting, a neat and theoretically vacuous attempt to ensure that Early Terminaiton Amounts determined under an ISDA 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.

Latest revision as of 18:42, 13 April 2020

Redirect to:

Retrieved from "https://jollycontrarian.com/index.php?title=Pre-Estimate_-_ISDA_Provision&oldid=43374"