liquidated damages clause in Alaska

1977(Emphasis added) In Merl F. Thomas Sons, Inc. v. State, 396 P.2d 76, 79 (Alaska 1964), we discussed the criteria for determining whether a liquidated damages clause is enforceable.

1977(Emphasis added) In Merl F. Thomas Sons, Inc. v. State, 396 P.2d 76, 79 (Alaska 1964), we discussed the criteria for determining whether a liquidated damages clause is enforceable.

2012Howell v. Ketchikan Pulp Co., 943 P.2d 1205, 1207 (Alaska 1997) (citing State v. Osborne, 607 P.2d 369, 371 (Alaska 1980)). .

2012Howell v. Ketchikan Pulp Co., 943 P.2d 1205, 1207 (Alaska 1997) (citing State v. Osborne, 607 P.2d 369, 371 (Alaska 1980)). .

2008In an action to recover unpaid overtime wages "[AS] 23.10.110(d) gives discretion to the court to decline to award liquidated damages if the defendant shows by clear and convincing evidence that the defendant acted in good faith." Fred Meyer of Alaska, Inc. v. Bailey, 100 P.3d 881, 887 (Alaska 2004). .

2005Syndoulos Lutheran Church, 662 P.2d at 112 (internal citations omitted).

1985Liquidated damages clauses are proper, we have held, where “it would be difficult to ascertain actual damages,” and where the liquidated amount [is] “a reasonable forecast of the damages likely to occur in the event of breach.” Williwaw Lodge v. Locke, 601 P.2d 236, 239 (Alaska 1979), quoting Merl F. Thomas Sons, Inc. v. State, 396 P.2d 76, 79 (Alaska 1964).

1985Liquidated damages clauses are proper, we have held, where "it would be difficult to ascertain actual damages," and where the liquidated amount [is] "a reasonable forecast of the damages likely to occur in the event of breach." Williwaw Lodge v. Locke, 601 P.2d 236, 239 (Alaska 1979), quoting Merl F. Thomas Sons, Inc. v. State, 396 P.2d 76, 79 (Alaska 1964).

1985Because those subsections' legal infirmities are clear, penalties or no, we have chosen to address the penalty argument in this subsection of our opinion. [17] See Skagway City School Board v. Davis, 543 P.2d 218, 225 (Alaska 1975): "The normal rule is that a wrongfully discharged employee is entitled to the total amount of the agreed upon salary for the unexpired term of his employment, less what he could earn by making diligent efforts to obtain similar employment." [18] Zerbetz also contends that if paragraph 9 is held to be a liquidated damages clause, it is valid.