Kemble v. Farren
Court of Common Pleas
130 Eng. Rep. 1234 (1829)
Relevant factsFree
Farren (defendant) contracted with Kemble (plaintiff), manager of Covent Garden Theater, to perform as principal comedian for four seasons, with the contract specifying £1,000 in damages — labeled liquidated damages, not a penalty — for a breach of the contract in whole or of any part of it. Farren refused to act during the second season, and a jury awarded Kemble £750.
IssueFree
Whether parties may contract for liquidated damages.