In order for a clause prescribing damages in the event of breach to be enforceable, it must reasonably predict an injury that would be difficult to measure if it actually occurred.
Case: Pacheco v. Scoblionko (excerpt)
Case: Yockey v. Horn (excerpt)
Case: Muldoon v. Lynch (excerpt)
Comment: The Penal Bond
Note: One Look or Two?
Case: Wilt v. Waterfield (excerpt)
Comment: The Penalty Rule and “Efficiency”