Trotter Hardy Writes:
>
> The test case, I suppose, would be if the deal were modified to include
> this: B says "I will tell you the date etc. and the liquidated damages
> for breach will be $10. What do you say?" A agrees. Enforceable?
> Restraint of trade?
My instinct tells me that a judge would still find some of tossing the case out - either by saying the contract lacked consideration or the liquidated damages constituted a penalty.
Don Berman --
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| Donald H. Berman | (617) 373-3346 |
| Richardson Professor of Law | FAX: (617) 373-8793 |
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Received on Sun Apr 03 1994 - 01:28:38 GMT
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