Card 42 / 54: Dick and Jane sign an agreement for the sale of a home in Washington, which contains a clause that provides for Jane (the buyer) to pay 10% of the purchase price to Dick (the seller), if Jane does not go through with the sale. This is an example of
A)
an enforceable liquidated damages clause
B)
a currently unenforceable liquidated damages clause, which might be corrected by a court through reformation of the percentage of the purchase price to 5%, to become enforceable.
C)
a rescissionary clause.
D)
a punitive damages clause.
Answer:
B) a currently unenforceable liquidated damages clause, which might be corrected by a court through reformation of the percentage of the purchase price to 5%, to become enforceable.
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