Close

You are now leaving Meister Seelig & Schuster, PLLC’s website and going to a third party website to make your payment, which is governed by the third party’s Terms of Use and Privacy Policy, which we encourage you to review prior to creating an account, making your payment(s), or otherwise using the third party website or services.

OK
Publications

Howard Koh’s Weekly Vlog Update 14

New Vlog Entry from Howard Koh: Liquidated Damages vs. Penalties

In his latest short vlog, Howard Koh dives into an important issue that often arises during contract drafting and litigation: liquidated damages versus penalties.

What’s the difference? Liquidated damages clauses allow the non-breaching party to recover a specific, negotiated amount in case of a breach. However, if this amount is not reasonably related to the prospective loss, a court may rule it as a penalty – meaning it won’t be enforced.

Watch Howard’s vlog to learn more about navigating this critical distinction and how it can impact your agreements.