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Simple English definitions for legal terms

liquidated damages

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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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HopefullyInLawSchool
15:42
CSUN was like two nickels
JumpySubsequentDolphin
15:42
HE STRIKES AGAIN
Lowkey feel like I messed up my Cornell app w my why Cornell. I think it was a paragraph and just talked about wanting to practice in NYC.
ooooo would it be crazy to call and ask if my application is under review when it hits "complete" just to see if theyll tell me something ab ii
At the time, I thought nothing is better than something but starting to think it wasn't the best strat
snow
15:42
split thats kinda what i did
starfishies
15:43
and they confirmed tht complete is ur?
did you get wl impartial
snow
15:43
not confirmed but said that i should hear something in the next couple of weeks
snow
15:43
no shot im getting wl. i think im getting straight R
starfishies
15:43
oh scary
I didn't but I'm expecting it tbh
oh im sorry boo, imma call now and report back
snow
15:43
okie, good luck split!!
starfishies
15:43
thx for your service
JumpySubsequentDolphin
15:44
good luck SPLITTY!!!!!!
HopefullyInLawSchool
15:44
@SplitterusClitterus: make sure to mention YM!!!!!
same stats and no word from them too impartial
snow
15:44
also, just to clarify, thiss just my app. im below medians without an II. You guys are qualified with II, yall are going to get in! Yall got this
i didnt get an ii so im expecting it
15:45
wait are we allowed to call and ask when we might get a decision based on when we did our ii
recentboo
15:45
I feel like decisions are more tied to complete date rather than ii date
well in my case dean andy told me i'd hear back by nov 15 and it's obviously past that so .... if i don't hear back today im calling next week i don't care man 😭
1a2b3c4d26z
15:47
@JazzyGazelle: how are you doing? Resigned to wait until dec. for USC?
Dkk
15:47
Patience, patience, patience. If we can not be patient now, it will be even worse doing waitlist season.
15:48
@1a2b3c4d26z: it sucks but I can wait till next tuesday, they said theyll come out with ED cuz we go on break starting Wed
1a2b3c4d26z
15:48
So ED next tuesday?
1a2b3c4d26z
15:49
Or sorry, Tue. Dec., 2?
@HopefullyInLawSchool: UR SO FUNNY HAHAHHAA
@AcousticUnequalYak: I feel both happy n nervous about my app. Got decent A's and a YLS II but missing some others. My PS was about overcoming some personal struggles through college. Starting to wonder if it's a little controversial
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