Liquidated sum not to be granted without any proof

0
709

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.

You must be a subscriber to read this article, or you can register for free to enjoy the current issue.

该部分内容仅提供予《商法》订阅会员。你可以订阅去解锁所有内容。你也可以免费注册去浏览最新一期的内容。

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