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· 3/2/2001

Shasta Beverages, Inc. v. Tetley USA, Inc.

Citations

  • 248 Ga. App. 381
  • 546 S.E.2d 800
  • 2001 Fulton County D. Rep. 996
  • 2001 Ga. App. LEXIS 272

How courts have described this case

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

  • noting that the boundary between liquidated damages clauses and penalties is “one of the most difficult and perplexing inquiries encountered in the construction of written agreements[.]” (cleaned up)
  • defining an unconscionable contract as one that “involves extreme unfairness, made evident by (1) one party’s lack of meaningful choice, and (2) contractual terms that unreasonably favor the other party”
  • defining an unconscionable contract as one that “involves extreme unfairness, made evident by (1) one party’s lack of meaningful choice, and (2) contractual terms that unreasonably favor the other party”
  • sum that stipulates damages in advance “replaces any determination of actual loss,” so that if liquidated damages provision is enforceable, court need not consider mitigation
  • additionally concluding that the liquidated damages clause was valid and enforceable
  • “Liquidated damages have been defined as a specific sum stipulated to and agreed upon by the parties at the time they entered into a contract, to be paid to compensate for injuries in the event of a breach of that contract.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ellington

Read full opinion on CourtListener

Sourced 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.