Dawson, pp. 132-150: Contractual Controls on Damages


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”


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