Massachusetts Supreme Judicial Court· 2/10/1999

Kelly v. Marx

Citations

428 Mass. 877

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

recognizing that prospective analysis “ ‘resolve[s] disputes efficiently by making it unnecessary to wait until actual damages from a breach are proved’ ” and “ ‘eliminates uncertainty and tends to prevent costly future litigation’ ”
recognizing that prospective analysis “ ‘resolve[s] disputes efficiently by making it unnecessary to wait until actual damages from a breach are proved’ ” and “ ‘eliminates uncertainty and tends to prevent costly future litigation’ ”
rejecting challenge to liquidated damages clause in part because “potential damages were difficult to predict when the agreement was made”
determining reasonableness of liquidated damages clause in contract to purchase real estate
contract will be enforced as written, where “[t]he parties agreed to the extent of their damages when they agreed on a liquidated damages clause”
“we do not take a ‘second look’ at the actual damages after the contract has been breached”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ireland

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Cited by

47 cases in this archive cite this case; the 20 most cited are listed.

Cites

7 cases in this archive are cited by this case.

Other cases named Kelly v. Marx

2 other CourtListener records share this case name.

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