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LSDefine

Simple English definitions for legal terms

liquidated damages

Read a random definition: morgangiva

A quick definition of liquidated damages:

Liquidated damages are a type of compensation that is agreed upon in a contract. They are used when it is difficult or impossible to prove the actual damages caused by a breach of contract. For example, if someone reveals a secret code that was supposed to be kept confidential, it can be hard to determine the exact value of the damage caused. In such cases, the parties agree on a predetermined amount of compensation, called liquidated damages, that will be paid if the contract is breached. However, if the liquidated damages are seen as a punishment rather than compensation, they may not be enforced.

A more thorough explanation:

Liquidated Damages are a type of actual damages that are used in contracts when it is difficult or impossible to prove the actual damages. This term is often used as the title for a whole clause or section in a contract.

For example, if a company has a trade secret in the form of source code, and someone publishes that source code, the trade secret value is destroyed. However, it is difficult to prove the exact value of the trade secret. In this case, the company can include a liquidated damages clause in the contract that specifies a predetermined amount of damages that will be paid if the trade secret is disclosed.

In the 1997 equity case of Sun Microsystems, Inc. vs. Microsoft, Sun claimed $35 million in liquidated damages for the disclosure of Java source code, which was a violation of their contract. The case was later settled, and Microsoft paid Sun $20 million.

This example illustrates how liquidated damages can be used to compensate for damages that are difficult to prove. In this case, the value of the trade secret was difficult to determine, so Sun included a liquidated damages clause in their contract to ensure they would be compensated if the source code was disclosed.

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RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
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