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Glossary/Liquidated damages

What is Liquidated damages?

In short

A liquidated damages clause sets in advance the damages payable for a breach. It is enforceable if actual damages were hard to estimate when the contract was made and the amount is reasonable.

Key takeaways

  • An amount that is a penalty rather than a reasonable estimate isn't enforceable.
  • When the clause is enforceable, it replaces actual damages.
  • Construction contracts often use a daily amount for late completion.

Where it's tested

REG: Business Law: Contracts — study notes, a five-minute revision sheet and practice questions.

Practise: 3 questions

Question 1 of 3 · 0 answered

On June 1, a merchant seller mails an offer to sell goods. On June 3, the seller mails a revocation. On June 4, the buyer mails an acceptance. On June 5, the buyer receives the revocation. Is there a contract?

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