damages. The
plaintiffs must prove the damages they have suffered."
He submitted that this Court has also held that the plaintiff
claiming liquidated damages ... available to him to recover damages for breach of the
contract:-
(a) Recovery from the contractor as agreed
liquidated damages
therefore, under no situation the quantum of damages can
exceed the stipulation in the liquidated damages clause. The
learned senior Counsel would, thus, urge that ... genuine pre-estimate of
damages by mutual agreement is regarded as a stipulation
naming liquidated damages and binding between the parties:
a stipulation
damages claimed. The decision contemplated under Clause 16.2 of
the agreement is the decision regarding the quantification of the
liquidated damages and not any decision ... till 31.7.1995 without any levy of liquidated
damages, the respondents could not have retrospectively levied liquidated
damages on 30.9.1999 from 10.1.1995. Be that
damages they must be deemed to exclude the right to claim an unascertained
sum of money as damages. …. Again the right to claim liquidated damages ... damages reasonably anticipated. 198-Liquidated damages must bear a
reasonable relationship to actual damages, and a liquidated-damages clause
is invalid when the stipulated amount
liquidated
damages under Section 74 of the Contract Act. That the forfeiture of
earnest money is nothing but forfeiture of liquidated damages is
clearly ... genuine
pre-estimate of damages by mutual agreement is regarded as a
stipulation naming liquidated damages and binding between the
parties: a stipulation
liquidated damages but goes in reduction of damages. Of course the parties may agree that the deposit shall be treated as liquidated damages ... liquidated sum," and he was of opinion that the cases cited showing the distinction between penalty and liquidated damages have no application
purchaser shall be
entitled to recover liquidated damages and the quantum of
the liquidated damages assessed and levied by the
14
purchaser shall be final ... agreement regarding the liability of the supplier to
liquidated damages.
Quantification of liquidated damages may be an
excepted matter as argued by the appellant, under
earliest money, and for damages of Rs. 20,000/-
, which had been stipulated for by way of liquidated damages
or penalty in the agreement ... strict penalty and liquidated damages for a breach of
contract was important in common law where liquidated
damages were considered sufficient compensation for, breach
damages.
The quantification of limited damages came in the category of
excepted matters but it was held that for levy of liquidated damages
under Clause ... because there is a clause of
liquidated damages does not mean that the amount of liquidated
damages has to be recovered even when no loss
injury or wrong justifying the imposition of liquidated damages, and in any event whether the liquidated damages imposed by the Respondent were reasonable?
8. Whether ... compensation for such delayed performance, then all rights to claim damages, including liquidated damages, is fully saved. He further pointed out that while discussing Issue
