This week, our very own Simon Garbett was quoted in an article in “Supply Management” entitled, “What should a liquidated damages clause include?”
Liquidated damages clauses are, of course, clauses that appear often in supply chain contracts, and that prescribe a specified amount of damages if a specified breach of the contract occurs. Simon reminds us that an overly punitive liquidated damages clause could be construed by courts to be unenforceable penalties – among other lessons and thoughts. Read the article here: http://www.supplymanagement.com/analysis/qa-law/2015/what-should-a-liquidated-damages-clause-include