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. The Pacific Reporter - Halaman 1311899Tampilan utuh - Tentang buku ini
| California, California. Commission to Revise the Laws of California - 1871 - 894 halaman
...830. Kxception. SEC. 1671. The parties to a contract may agree therein upon an amount which shall bo presumed to be the amount of damage sustained by a...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 - 1876 - 626 halaman
...thereof, is to that extent void, except as expressly provided in the next section. § 1671. The parties to a contract may agree therein upon an amount which...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... | |
| California - 1876 - 612 halaman
...thereof, is to that ex tent void, except as expressly provided in the next section. § 1671. The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage snstained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely... | |
| 1906 - 2090 halaman
...to that extent, void, except as expressly provided in the next section. "Section 2244: The parties to a contract may agree therein upon an amount which...or extremely difficult to fix the actual damage." In Illinois there is no statute upon the subject. Two questions, therefore, are raised. First : Is... | |
| New York (State). - 1885 - 422 halaman
...thereof, is to that extent void, except as expressly provided by the next section. § 1084 The parties to a contract may agree therein upon an amount which...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... | |
| Theodore Sedgwick, Arthur George Sedgwick - 1891 - 742 halaman
...Co. v. Moore, 75 Cal. 205, according to the Code, § 1671, which allows liquidated damages only when it would be impracticable or extremely difficult to fix the actual damage ; Brennan v. Clark, 45 NW Rep. 472 (Neb.). (b) Hahn v. Horstman, 12 Bush 249 ; Greer v. Tweed, 13 Abb.... | |
| Abraham Clark Freeman - 1892 - 1038 halaman
...impracticable and extremely difficult to fix the actual damages. Whether or not 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 * breach thereof, is a question of fact, which is to ba determined by the court in each... | |
| Abraham Clark Freeman - 1892 - 1048 halaman
...impracticable and extremely difficult to fix the actual damages. Whether or not a contract is such that from the nature of the case it would be impracticable or extremely difficult to fix the actnal damage sustained by a breach thereof, is a question of fact, which is to be determined by the... | |
| 1902 - 812 halaman
...breach of an obligation is determined shall be void except that "the parties to a contract may agree 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... | |
| Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - 1912 - 938 halaman
...extent void, except as expressly provided by the next section. "Sec. 858. Exceptions. — The parties to a contract may agree 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... | |
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