Sutka v. Yazaki North America Inc.

How courts have described this case

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

• explaining that liquidated damages provisions between commercial parties are presumptively reasonable
• explaining liquidated damages and holding that contractual term that purports to fix an “unreasonably large” sum as liquidated damages will not be enforced
• including in explanation of liquidated damages elements of “difficulty in assessing damages, intention of the parties, the actual damages sus tained, and the bargaining power of the parties”
• finding a 3% increase was \a reasonable estimate of the potential costs of administering a defaulted loan\
• “We now consider whether the five percent late charge assessed against each delinquent payment . . . constitute[s] reasonable stipulated damages provisions.”
• “We now consider whether the five percent late charge assessed against each delinquent payment ... constitute^] reasonable stipulated damages provisions.”

Source: CourtListener parenthetical corpus (CC0).