Lost Lease Threads - got me thinking
Liquidated damages clauses have to be reasonable to even be enforced by a court and 10x does not seem reasonable. Also they only apply to situations where damages would be hard to calculate in a breach which also doesn’t seem to apply here either.
You have the freedom to contract for the most part as a deal is negotiable but it is just that - negotiable. You can always negotiate with a landowner and I would suggest doing that instead of just blindly signing a lease agreement but I bet it would be hard to get a landowner to agree to anything like that and they have a right not to.
Also like someone else said, it might not be worth the battle.
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Liquidated damages clauses have to be reasonable to even be enforced by a court and 10x does not seem reasonable. Also they only apply to situations where damages would be hard to calculate in a breach which also doesn’t seem to apply here either.
You have the freedom to contract for the most part as a deal is negotiable but it is just that - negotiable. You can always negotiate with a landowner and I would suggest doing that instead of just blindly signing a lease agreement but I bet it would be hard to get a landowner to agree to anything like that and they have a right not to.
Also like someone else said, it might not be worth the battle.
Sent from my iPhone using Tapatalk
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