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In order to receive compensation for liquidated damages, a person would have to hire an attorney and go to court. If the damages or losses were proven, the person could be compensated for them.

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A liquidated damages clause is usually enforceable under Arizona law, depending on the type of contract involved. For example, Arizona code section 10-2016 allows such damages in a marketing contract. In general, liquidated damages are allowed where damages are hard to predict and quantify.

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Liquidated damages refers to an amount of money designated and agreed to in advance for damages, before any loss takes place, so that the actual damages need not be calculated.

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The judgment in Temloc v Erril confirmed that where "Nil" is entered as the value of a liquidated damages clause this will be the only remedy available to the employer where works are not completed on time, i.e. he will be entitled to £0 in liquidated damages and will also be unable to claim unliquated damages at common law for breach of contract. Where an employer does not want to use the liquidated damages clause but wishes to keep available his remedy at common law the liquidated damages clause should be deleted.

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Featured study guide

US Civil War

6 cards

Which two battles were important Confederate victories

Why did inflation occur in both the North and the South during the Civil War

Which of th e following included in fugitive slave law

What statment about the damages caused by the civil war is true

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