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" 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 - Σελίδα 131
1899
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Revised Laws of the State of California: In Four Codes : Political ..., Τόμος 2

California, California. Commission to Revise the Laws of California - 1871 - 894 σελίδες
...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...

The Civil Code of the State of California: As Enacted in 1872, Amended at ...

California - 1876 - 626 σελίδες
...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...

The Civil Code of the State of California: As Enacted in 1872, Amended at ...

California - 1876 - 612 σελίδες
...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...

The Federal Reporter: Cases Argued and Determined in the ..., Τόμοι 145-146

1906 - 2090 σελίδες
...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...

An Act to Establish a Civil Code: Jan. 14, 1885

New York (State). - 1885 - 422 σελίδες
...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...

A Treatise on the Measure of Damages: Or, An Inquiry Into the ..., Τόμος 1

Theodore Sedgwick, Arthur George Sedgwick - 1891 - 742 σελίδες
...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....

The American State Reports: Containing the Cases of General Value ..., Τόμος 25

Abraham Clark Freeman - 1892 - 1038 σελίδες
...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...

The American State Reports: Containing the Cases of General Value ..., Τόμος 25

Abraham Clark Freeman - 1892 - 1048 σελίδες
...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...

United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

1902 - 812 σελίδες
...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...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 32

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 σελίδες
...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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