Contacts- Liquidated Damages
Querist :
Anonymous
(Querist) 19 July 2018
This query is : Resolved
Can a party to a contract demand Liquidated Damages after it has terminated the contract due to undue delay?
Is there any case law regarding the same?
Thanks
Querist :
Anonymous
(Querist) 19 July 2018
Can Liquidated Damages be demanded after Termination of Contract?
Querist :
Anonymous
(Querist) 19 July 2018
Can Liquidated Damages be demanded after Termination of Contract?
Guest
(Expert) 19 July 2018
Liquidated damages can be claimed only if there is a specific clause about liquidated damages in the agreement and that too in the circumstances mentioned in the related clause..So, you may better check the provision of the clauses, if included in the agreement, as well as the termination clause. However, that still depends upon the nature of actual damages happened due to undue delay. If unable to interpret the related clause appropriately, you may take help of some local lawyer to understand the issue properly.
Querist :
Anonymous
(Querist) 19 July 2018
The agreement does provide for LD
But can a party first terminate the contract due to delay and then ask for Liquidated Damages for the delay
Asgher Mahdi
(Expert) 22 July 2018
As a general rule liquidated damages shall be claim upon the terms & conditions stipulated in the contract even so if not find, the same can be claim by looking to the other options what has been stated. For instance, breach, cheating, or any other heads. It all depends upon the lawyer who may twist the facts. If you are problem is unresloved I suggest you to contact a lawyer.
