Mason v. Fakhimi

How courts have described this case

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

• providing that liquidated damages are \the sum which a party to a contract agrees to pay if he fails to perform\ (emphasis added)
• explaining that a liquidated damages 16 clause constitutes a penalty, and is thus unenforceable, when its purpose is to secure 17 compliance and not reasonably estimate damages
• observing \that this court may decline to decide an issue that was not fully litigated or decided by the district court\
• upholding liquidated-damages 18 award that exceeded the actual loss sustained because it was not possible for the plaintiff “to accurately determine what actual damages would be in the event of a breach” at the time of 19 drafting
• liquidated damages are “arrived at by a good faith effort to estimate the actual damages that will probably ensue from a breach”
• “In order to prove that such a provision constitutes a 12 penalty, the challenging party must persuade the court that the liquidated damages are 13 disproportionate to the actual damages sustained by the injured party.”

Source: CourtListener parenthetical corpus (CC0).