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After negotiating with general maintenance corporation to include a liquidated damages clauses in their contract and to be enforceable, at the time of the contract, an estimate of the damages from a breach must be difficult.
What is a damage clause?
- A liquidated damages clause outlines a specific dollar sum that must be paid as compensation for breach of a contract.
- The parties' best estimate of the losses that would result from a violation at the time of contract signing is expected to be the amount of the liquidated damages.
- The parties do not determine the real damages in the event of a violation and the liquidated damages clause is upheld (i.e., how much money a party actually lost as a result of the breach).
The liquidated damages provision's predetermined amount is instead paid by the party who violated it. In addition to providing some predictability, they can serve as a form of insurance against the expense of a breach.
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