Avoid costly litigation by using liquidated damages provisions.
The typical “American rule” with respect to damages is that absent a contractual limitation to the contrary, in the event of a contractual breach, the breaching party is liable for all damages that were foreseeable and that proximately flow from the breach. In light of this potential exposure, savvy vendors often ask for limitations on liability. Often these provisions will include limitations on consequential and/or punitive damages. Except in very limited circumstances, these provisions are enforceable, especially in the commercial contract context.
Francis X. Taney, Jr.
Taney Legal LLC
- 25 years of experience with both negotiation of professional service contracts and litigation arising from such contracts
- Tried approximately 50 cases to verdict or award in bench and jury trials, arbitrations, and other administrative proceedings
- Has coordinated the legal strategies for close to 100 technology-based startup companies
- Recognized by The Legal Intelligencer with the Lawyer on the Fast Track award, named as a Pennsylvania Super Lawyers Rising Star, and named to the SmartCEO's Legal Elite list
- Featured legal commentator on Fox Business Network “Money for Breakfast” and CNBC “Power Lunch” segments
- Selected published works include: "Technology Transactions and Effective Litigation Management," chapter, Inside the Minds: Technology Law Client Strategies, 2007; "Navigating the IT Outsourcing and Procurement Process," chapter, CIO Wisdom II: More Best Practices – Harris Kern Enterprise Computing Institute, 2006; and "Securing the Whole Enterprise: Business and Legal Issues," an article he co-wrote with Thomas Costello, IT Professional, 2006
- Can be contacted at 215-514-8736 or [email protected]
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