Commercial Real Estate Investment, L.C. v. Comcast of Utah II, Inc.
Utah Supreme Court
285 P.3d 1193 (2012)
Relevant factsFree
CRE (defendant) built and leased a building to Comcast's predecessor under a lease requiring continuous occupancy and imposing double rent as a liquidated-damages remedy for breach. Comcast (plaintiff) vacated the building, which sat empty for five years, and paid ordinary rent but not the contractual double rent; CRE sued to enforce the liquidated-damages clause, and Comcast argued the clause was an unenforceable penalty.
IssueFree
Whether some jurisdictions enforce liquidated-damages clauses unless unconscionable.