§ 29.6 Pleading, Proof, and Tactics

LibraryDamages (OSBar) (2016 Ed.)
§ 29.6 PLEADING, PROOF, AND TACTICS

The parties engaged in a dispute involving liquidated damages are referred to in the following sections (§ 29.7 to § 29.8) as the proponent (the party seeking to enforce a liquidated-damages provision) and the opponent (the party seeking to invalidate the provision). It is useful to identify the parties this way, because any party, whether plaintiff or defendant, can seek to enforce (or invalidate) a liquidated-damages provision. In other words, liquidated damages can be used as either a sword or a...

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