Enforcement of Liquidated Damages Provisions
Statutes
"In regards to sales, damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A term fixing unreasonably large liquidated damages is void. MO. REV. STAT. § 400.2-718.
In regards to leases, damages payable by either party for default, or any other act or omission, including indemnity for loss or diminution of anticipated tax benefits or loss or damage to lessor's residual interest, may be liquidated in the lease agreement but only at an amount or by a formula that is reasonable in light of the then anticipated harm caused by the default or other act or omission. MO. REV. STAT. § 400.2A-504"
Cases
Comments
Contributors
The statutory information was edited and reviewed with the support of MultiState