· 7/17/2003
District Cablevision Limited Partnership v. Bassin
Citations
- 828 A.2d 714
- 51 U.C.C. Rep. Serv. 2d (West) 149
- 2003 D.C. App. LEXIS 471
- 2003 WL 21664513
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a liquidated damages clause specifying a single sum for all contractual breaches that bore no “reasonable” relationship to actual damages was unenforceable as a penalty
- holding that damages for violation of District of Columbia Consumer Protection Procedures Act were liquidated debt; cable provider was liable for \full ... amount of the void $5.00 late fees\ charged to customers
- explaining that a non-breaching party may recover liquidated damages as an alternative to actual damages where the parties have agreed to' a valid liquidated-damages clause
- stating that a breach of contract is “an unjustified failure to perform all or any part of what is promised in a contract”
- providing that three-year “catch-all” statute of limitations applies to claims that “are not ‘specially’ governed by any other statute of limitations.”
- defining a “liquidated debt” as “an easily ascertainable sum certain” that compensates a “creditor for the loss of use of money that a debtor wrongfully withholds”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wagner, Chief Judge, and Terry and Glickman, Associate Judges
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.