What is the test for calculating liquidated damages for failure to deliver train carriages?
MultiRegion, United States of America
The following excerpt is from Associated Press v. Emmett, 45 F. Supp. 907 (S.D. Cal. 1942):
"The amount is not so extraordinarily disproportionate to the damage which might result from the failure to deliver the carriages as to show that the parties must have intended a penalty, and could not have meant liquidated damages." United States v. Bethlehem Steel Co., 1907, 205 U.S. 105, 121, 27 S.Ct. 450, 456, 51 L.Ed. 731.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does section 1431.2 of the California Civil Code prohibit damages under California Code of Civil Procedure section 877 from being calculated as "economic damages" rather than as damages for personal injury? (MultiRegion, United States of America)
Can a local government body be held liable for its failure to train employees or failure to provide different kinds of training? (MultiRegion, United States of America)
What is the test for calculating damages from Rule 65(c) security? (MultiRegion, United States of America)
If a prisoner is denied access to adequate law libraries or adequate assistance from persons trained in the law, can he bring a claim for damages? (MultiRegion, United States of America)
How have courts interpreted a liquidated damages clause in a contract? (MultiRegion, United States of America)
Is a failure to deliver a tax lien enforcible by the seller itself joined to a mutual mistake of law? (MultiRegion, United States of America)
What is the impact of a Minister's failure to stop a pharmaceutical company from suing for damages? (Canada (Federal), Canada)
Can a failure to comply with a government regulation be a defense to a subsequent failure to submit to induction? (MultiRegion, United States of America)
What is the test for calculating punitive damages in a motor vehicle accident? (MultiRegion, United States of America)
What is the test for calculating a percentage in a calculation of the amount payable by an employer to an employee in return for their services? (Canada (Federal), Canada)
