Liquidated sum not to be granted without any proof

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Delhi High Court has clarified that only where it is impossible to assess the compensation arising from the breach of an agreement, and the parties have agreed to a pre-determined compensation amount, not by way of penalty or unreasonable compensation, can the agreed amount be awarded as a genuine pre-estimate of loss suffered without at least proving a semblance of loss. An aggrieved party cannot claim that liquidated damages must be paid ipso facto.

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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.

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