Lagoon Partners, LLC, a Minnesota limited liability company v. Silver Cinemas Acquisition Co., a Delaware ...

Syllabus

The liquidated-damages clause in the parties' lease agreement is unenforceable because actual damages caused by the tenant's breach are capable of accurate estimation and because the amount of liquidated damages, which does not account for the landlord's duty to mitigate damages, is not a reasonable forecast of actual damages. Reversed and remanded.