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DarciXero DarciXero
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2 years ago
Which one of the following statements accurately describes the effect of a liquidated damages clause on a plaintiff's claim in a breach of contract action?

▸ The plaintiff will likely be awarded a judgment for all damages that "naturally and directly flow" from the breach.

▸ Liquidated damages only apply to losses caused by excess water, such as floods or tidal waves.

▸ This clause conclusively determines the amount of damages that the court can award.

▸ This clause requires the injured party to take all reasonable steps to mitigate (lessen) his or her losses.

▸ The court will likely award the amount set out in the clause if it considers that to be a genuine estimate by the parties of the likely consequences of the breach.
Textbook 
Legal Fundamentals for Canadian Business

Legal Fundamentals for Canadian Business


Edition: 4th
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loki1345loki1345
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