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Contracting parties of public construction contract can foresee how a type of uncertainty could be removed by agreeing a specific consequence for a breach. They can address this by incorporating, inter alia a "Liquidated Damages Clause" to that outcome. Liquidated damages is a fixed sum agreed by the parties in their contract as a value of the damages that one party can claim against the other, without the need to prove that sustained damage when they enter into contract. But, whether a liquidated damages is a contractual or legal remedy; whether a liquidated damages and penalty are similar…mehr

Produktbeschreibung
Contracting parties of public construction contract can foresee how a type of uncertainty could be removed by agreeing a specific consequence for a breach. They can address this by incorporating, inter alia a "Liquidated Damages Clause" to that outcome. Liquidated damages is a fixed sum agreed by the parties in their contract as a value of the damages that one party can claim against the other, without the need to prove that sustained damage when they enter into contract. But, whether a liquidated damages is a contractual or legal remedy; whether a liquidated damages and penalty are similar and interchangeable or different in concept; can an employer seeks liquidation damages together with other available general remedies after canceling such contract; and who, contracting parties or a government, in agreement or by law, can figure out amount of liquidated damages and its calculation mechanism are unsolved conundrum in Ethiopian pertaining laws and its application in courts thereof.
Autorenporträt
Yenew B. Taddele.Lecturer and Researcher at Law, Bahir Dar University, School of Law;Director, Bahir Dar University, Arbitration Center;Attorney and Consultant at Law;Arbitrator, Mediator, Conciliator and Trainer;LL.B (Bachelor of Law in Business Law Stream, AAU);LL.M (Master of Law in Construction Law and Dispute Resolution, BDU)