· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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