Orr v. Goodwin
New Hampshire Supreme Court
953 A.2d 1190 (2008)
Relevant factsFree
Goodwin defaulted on a $1 million-plus real estate purchase agreement after paying $25,000 in deposits under a "Liquidated Damages" clause allowing sellers to retain the deposit upon default; the sellers retained the deposit but also sued for additional damages, and the trial court granted summary judgment for Goodwin, finding the clause enforceable and exclusive.
IssueFree
Whether, in New Hampshire, a liquidated damages clause will be enforced if anticipated damages from a breach are uncertain or difficult to prove, the parties intended to liquidate damages in advance, and the stipulated amount is reasonable and not greatly disproportionate to the presumable loss.