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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Cummings Properties, LLC v. National Communications Corp., 449 Mass. 490 (2007)

Citation
Cummings Properties, LLC v. National Communications Corp., 449 Mass. 490 (2007) 2.
Parent Document
Cummings Properties, LLC v. National Communications Corp., 449 Mass. 490 (2007)
Jurisdiction
Massachusetts (state)
Effective Date
2007-07-17

Other Sections in This Document (25)

Full Text

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2. Discussion. It is well settled that a contract provision clearly and reasonably establishing liquidated damages should be enforced so long as it is not so disproportionate to anticipated damages as to constitute a penalty. TAL Fin. Corp. v. CSC Consulting, Inc., 446 Mass. 422, 431 (2006), citing Kaplan v. Gray, 215 Mass. 269, 270-273 (1913). If, at the time the contract was made, actual damages were difficult to ascertain and the sum agreed on by the parties as liquidated damages represents a reasonable forecast of damages expected to occur in the event of a breach, it will usually be enforced. Id. at 431-432.