Legal Question in Business Law in Wisconsin
Is a written contract required to contain a damages clause in order to be awarded damages by a court in the event of a material breach?
Asked on 11/20/22, 4:44 pm
1 Answer from Attorneys
Frank Natoli
Natoli-Legal, LLC
No, in fact US courts tend to dislike liquidated damages clauses. But if the damages are near impossible to determine at the time of breach that's when a liqudated damage clause might be helpful. If your contract did not consider that, it just might be hard to show actual damages.
Answered on 11/21/22, 7:27 am
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