Classic Restaurant Concepts, LLC v. President and Fellows of Harvard College (2024)

Citation: Classic Restaurant Concepts, LLC v. President and Fellows of Harvard College (2024)
Parent Document: Classic Restaurant Concepts, LLC v. President and Fellows of Harvard College (2024)
Jurisdiction: Massachusetts (state)
Effective Date: 2024-06-25
Original Source: https://www.courtlistener.com/opinion/9988087/classic-restaurant-concepts-llc... ↗

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15The judge rejected Classic's argument that it could have
altered the timing of its opening; the judge reasoned that the
lease obligated Classic "to open and continuously operate the
restaurant." The lease, however, gave Harvard a choice of
remedies for Classic's breach of that obligation, one of which
was liquidated damages of $100 per day. The record does not
establish what remedy (if any) Harvard would have sought.
Notably, Harvard not only had sought no remedy by September
2016, but in November 2016 it executed the second amendment,
extending the rent abatement through September 1, 2016. Had
Harvard sought liquidated damages, it appears Classic could have
made a rational choice to pay them in order to avoid larger
expenditures.
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