Introductory Note
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: City of
Rye v. Public Service Mut. Ins. Co.
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: Applying Damage Clauses
Case: Fretwell v.
Protection Alarm Co.
Comment:
The Penalty Rule and “Efficiency”