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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