6 Delaware opinions name it 3 courts 1930–2017 0 in the last five years
The cases below were cited by Delaware courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Worrel v. Farmers Bank of State of Del.green2 sentences2014C. § 2-725) did not begin to run against the entirety of the amount to be repaid until the obligor had missed an installment payment and the Bank declared the remainder immediately due and payable under the acceleration clause.12 Importantly with respect to the issue before me, the Court noted that its conclusion was consistent with pre-Uniform 10 See Guerrieri, 2007 WL 1520039 at *6 (“Although in some cases, whether a contract is continuous may be a question of fact, there are situations, such as here, where no factual issue exists.”). 11 430 A.2d 469 (Del. 1981). 12 Id. at 474 . 6 Commercial 2014C. § 2-725) did not begin to run against the entirety of the amount to be repaid until the obligor had missed an installment payment and the Bank declared the remainder immediately due and payable under the acceleration clause.12 Importantly with respect to the issue before me, the Court noted that its conclusion was consistent with pre-Uniform 10 See Guerrieri, 2007 WL 1520039 at *6 (“Although in some cases, whether a contract is continuous may be a question of fact, there are situations, such as here, where no factual issue exists.”). 11 430 A.2d 469 (Del. 1981). 12 Id. at 474 . 6 Commercial | 1 | 2 |
Rattigan v. Commodore International Ltd.green2 sentences2017Parties frequently agree to acceleration clauses, and New York courts typically enforce such provisions according to their terms.190 Whether an acceleration clause “represents an enforceable liquidation of damages or an unenforceable penalty is a question of law, giving due consideration to the nature of the contract and the circumstances.”191 In determining whether a clause is a penalty, courts look to whether “the amount liquidated bears a reasonable proportion to the probable loss and the amount of actual loss is incapable or difficult of precise estimation.”192 The burden lies with the par 2017Parties frequently agree to acceleration clauses, and New York courts typically enforce such provisions according to their terms.190 Whether an acceleration clause “represents an enforceable liquidation of damages or an unenforceable penalty is a question of law, giving due consideration to the nature of the contract and the circumstances.”191 In determining whether a clause is a penalty, courts look to whether “the amount liquidated bears a reasonable proportion to the probable loss and the amount of actual loss is incapable or difficult of precise estimation.”192 The burden lies with the par | 1 | 1 |
Fifty States Management Corp. v. Pioneer Auto Parks, Inc.green1 sentence2017Corp., 389 N.E.2d at 116 (enforcing contract since damages under clause “no greater than the amount [defendant] would have paid had it fully performed” its obligations under the contract). 60 will enforce it.198 Because the acceleration clause in the Notes is valid, Standard General owed no duty to mitigate under the Notes.199 4. | 1 | 1 |
Maudlin v. Pacific Decision Sciences Corp.green2 sentences2013Corp., 137 Cal. App.4th 1001, 1018 , 40 Cal.Rptr.3d 724, 736 (2006) (internal citations omitted) (holding that, under California law, in the absence of an acceleration clause, plaintiff-retired employee who sued employer for monthly deferred compensation payments "may recover all payments that are owed through the time of trial, but must await default on the future installments before bringing an action for nonpayment”); Boonville Convalescent Ctr., Inc. v. Cloverleaf Healthcare Servs., Inc., 834 N.E.2d 1116, 1126-27 (Ind.App.2005) (holding that, in the absence of an acceleration clause, landl 2013Corp., 137 Cal. App.4th 1001, 1018 , 40 Cal.Rptr.3d 724, 736 (2006) (internal citations omitted) (holding that, under California law, in the absence of an acceleration clause, plaintiff-retired employee who sued employer for monthly deferred compensation payments "may recover all payments that are owed through the time of trial, but must await default on the future installments before bringing an action for nonpayment”); Boonville Convalescent Ctr., Inc. v. Cloverleaf Healthcare Servs., Inc., 834 N.E.2d 1116, 1126-27 (Ind.App.2005) (holding that, in the absence of an acceleration clause, landl | 1 | 1 |
Klosterman v. Hickel Investment Co.green2 sentences2013Co., 821 P.2d 118, 125 (Alaska 1991) (holding that in the absence of an acceleration clause, a breaching tenant must pay "the rent accrued at the time of trial, taking into account revenue received by [a landlord] from its subsequent reletting of the premises. 2013Co., 821 P.2d 118, 125 (Alaska 1991) (holding that in the absence of an acceleration clause, a breaching tenant must pay "the rent accrued at the time of trial, taking into account revenue received by [a landlord] from its subsequent reletting of the premises. | 1 | 1 |
Boonville Convalescent Center, Inc. v. Cloverleaf Healthcare Services, Inc.green1 sentence2013Corp., 137 Cal. App.4th 1001, 1018 , 40 Cal.Rptr.3d 724, 736 (2006) (internal citations omitted) (holding that, under California law, in the absence of an acceleration clause, plaintiff-retired employee who sued employer for monthly deferred compensation payments "may recover all payments that are owed through the time of trial, but must await default on the future installments before bringing an action for nonpayment”); Boonville Convalescent Ctr., Inc. v. Cloverleaf Healthcare Servs., Inc., 834 N.E.2d 1116, 1126-27 (Ind.App.2005) (holding that, in the absence of an acceleration clause, landl | 1 | 1 |
Onal v. BP Amoco Corp.green2 sentences2013Amoco Corp., 275 F.Supp.2d 650, 669-71 (E.D.Pa.2003) (internal citations omitted) (holding under Pennsylvania law that "absent an acceleration clause, a Pennsylvania landlord, provided that he remains out of possession, may collect rents only in installments as they accrue.... 2013Amoco Corp., 275 F.Supp.2d 650, 669-71 (E.D.Pa.2003) (internal citations omitted) (holding under Pennsylvania law that "absent an acceleration clause, a Pennsylvania landlord, provided that he remains out of possession, may collect rents only in installments as they accrue.... | 1 | 1 |
AAR International, Inc. v. Vacances Heliades S.A.green1 sentence2013See, e.g., AAR Int'l, Inc. v. Vacances Heliades S.A., 349 F.Supp.2d 1114, 1116 (N.D.Ill.2004) (citation omitted) (holding under Illinois law that "[i]n the absence of an acceleration clause, recovery for breach of lease is limited to the amount due at the time of trial.”); Onal v. B.P. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Fontana v. Walker
green
2 sentences1983If it has good reason to believe that breach of borrower’s covenant to pay *1011 taxes is so serious as to impair its security, lender has a right to foreclose, Fontana v. Walker, Md.App., 249 Md. 459 , 240 A.2d 268 , cert. denied 393 U.S. 927 , 89 S.Ct. 262 , 21 L.Ed.2d 263 (1968) (cited with approval in Clark v. Equitable Life Assurance Society, 281 A.2d at 489 ). 1983If it has good reason to believe that breach of borrower’s covenant to pay *1011 taxes is so serious as to impair its security, lender has a right to foreclose, Fontana v. Walker, Md.App., 249 Md. 459 , 240 A.2d 268 , cert. denied 393 U.S. 927 , 89 S.Ct. 262 , 21 L.Ed.2d 263 (1968) (cited with approval in Clark v. Equitable Life Assurance Society, 281 A.2d at 489 ). | 1 | 1983–1983 |
Ford v. United States
green
1 sentence1983If it has good reason to believe that breach of borrower’s covenant to pay *1011 taxes is so serious as to impair its security, lender has a right to foreclose, Fontana v. Walker, Md.App., 249 Md. 459 , 240 A.2d 268 , cert. denied 393 U.S. 927 , 89 S.Ct. 262 , 21 L.Ed.2d 263 (1968) (cited with approval in Clark v. Equitable Life Assurance Society, 281 A.2d at 489 ). | 1 | 1983–1983 |
Clark v. Equitable Life Assurance Society of the United States
green
2 sentences1983Clark v. Equitable Life Assurance Society, supra. The purpose of an acceleration clause is solely to protect the lender. 1983If it has good reason to believe that breach of borrower’s covenant to pay *1011 taxes is so serious as to impair its security, lender has a right to foreclose, Fontana v. Walker, Md.App., 249 Md. 459 , 240 A.2d 268 , cert. denied 393 U.S. 927 , 89 S.Ct. 262 , 21 L.Ed.2d 263 (1968) (cited with approval in Clark v. Equitable Life Assurance Society, 281 A.2d at 489 ). | 1 | 1983–1983 |
O. S. Stapley Co. v. Rogers
neutral
2 sentences1930S. Stapley Co. v. Rogers, et al., 25 Ariz. 308 , 216 P. 1072, 1074 , that— “The provision in this law forbidding the buyer to enter into any contract of waiver is a declaration by the Legislature of a public policy, and under the decisions one may not contract contrary to such policy.” With respect to the argument of the defendant that the redemption provision of the statute was to prevent a forfeiture of the amount paid by the buyer prior to repossession by the seller, it is true that under the common law any amount paid by the buyer was forfeited but some of the courts of the United States h 1930S. Stapley Co. v. Rogers, et al., 25 Ariz. 308 , 216 P. 1072, 1074 , that— “The provision in this law forbidding the buyer to enter into any contract of waiver is a declaration by the Legislature of a public policy, and under the decisions one may not contract contrary to such policy.” With respect to the argument of the defendant that the redemption provision of the statute was to prevent a forfeiture of the amount paid by the buyer prior to repossession by the seller, it is true that under the common law any amount paid by the buyer was forfeited but some of the courts of the United States h | 1 | 1930–1930 |
Street v. Commercial Credit Co.
neutral
1 sentence1930The only other case we have been able to find in which the exact question before this court has been determined is that of Street v. Commercial Credit Co. (Ariz.), 281 P. 46, 48 , 67 A. L. | 1 | 1930–1930 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.