· 2/24/1977
Truck Rent-A-Center, Inc. v. Puritan Farms 2nd, Inc.
Citations
- 41 N.Y.2d 420
- 41 N.Y. 420
- 361 N.E.2d 1015
- 393 N.Y.S.2d 365
- 1977 N.Y. LEXIS 1855
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that a liquidated damages provision is unenforceable when it calls for payment grossly disproportionate to the probable loss
- “Liquidated damages constitute the compensation which, the parties have agreed, should be paid in order to satisfy any loss or injury flowing from a breach of their contract.”
- “In interpreting a provision fixing damages, it is not material whether the parties themselves have chosen to call the provision one for ‘liquidated damages,’ . . . or have styled it as a penalty.”
- “The rule is now well established. A contractual provision fixing damages in the event of breach will be sustained if the amount liquidated bears a reasonable proportion to the probable loss and the amount of actual loss is incapable or difficult of precise estimation.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Jasen
Read full opinion on CourtListenerSourced 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.