The General Requirements for a Liquidated Damages Clause to Be

question 60

Multiple Choice

The general requirements for a liquidated damages clause to be enforceable are which of the following?

• A) Actual damages are difficult to determine and the liquidated damages amount is reasonable.
• B) Actual damages exceed the amount foreseen by the parties.
• C) The liquidated damages clause applies only to unforeseeable damages.
• D) The breaching party used its best efforts to avoid a breach of the contract.
• E) The parties have rescinded the contract.

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