NPS, LLC v. Minihane
Massachusetts Supreme Judicial Court
886 N.E.2d 670 (2008)
Relevant factsFree
Minihane licensed two luxury Gillette Stadium seats for ten seasons at $3,750 per season, and after missing his second-season payment, an acceleration clause required payment of the entire remaining balance; the trial court found the roughly $65,000 acceleration amount grossly disproportionate to actual damages and awarded only $6,000, and Minihane appealed the reversal in his favor at the appellate level.
IssueFree
Whether, in Massachusetts, a liquidated damages provision is enforceable if the sum provided for is proportionally and reasonably related to the anticipated actual damages resulting from a breach.