Liquidated Damages
Liquidated damages are a predetermined amount of money that a breaching party must pay if they fail to perform their contractual obligations.
How It Works in Contracts
Enforceable when actual damages would be difficult to calculate and the amount is reasonable. Courts may refuse to enforce if disproportionate.
Examples
- $500 per day for late construction delivery
- 1% of contract value per week of software delay
- Forfeiture of deposit if buyer fails to close real estate