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· 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 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.