Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
6 Ohio opinions name it 2 courts 1993–2017 0 in the last five years
The cases below were cited by Ohio 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 |
|---|---|---|
Samson Sales, Inc. v. Honeywell, Inc.green2 sentences2014No. 12AP-933, 2013-Ohio-3926 , ¶ 37, citing Samson Sales, Inc. v. Honeywell, Inc., 12 Ohio St.3d 27, 28 (1984) ("In Ohio, clauses in contracts providing for reasonable liquidated damages are recognized as valid and enforceable."). 2011“If the provision was reasonable at the time of formation and it bears a reasonable (not necessarily exact) relation to actual damages, the provision will be enforced.” Id., citing 3 Restatement of the Law 2d, Contracts (1981) 157, Section 356(1). {¶24} The Supreme Court of Ohio has devised the following test for courts to evaluate a stipulated damages clause: Where the parties have agreed on the amount of damages, ascertained by estimation and adjustment, and have expressed this agreement in clear and unambiguous terms, the amount so fixed should be treated as liquidated damages and not as a | 2 | 3 |
Dave Gustafson & Co. v. Stategreen2 sentences2017See id. at ¶ 12, quoting Dave Gustafson & Co., Inc. v. South Dakata, 83 S.D. 160, 164 , 156 N.W.2d 185 (1968), quoting 22 American Jurisprudence 2d, Damages, Section 235, at 321 (1965). {¶24} Woodberry contends that a stipulated-damages clause for the late payment of rent is an unenforceable penalty as a matter of law in a residential lease. 2017See id. at ¶ 12, quoting Dave Gustafson & Co., Inc. v. South Dakata, 83 S.D. 160, 164 , 156 N.W.2d 185 (1968), quoting 22 American Jurisprudence 2d, Damages, Section 235, at 321 (1965). {¶24} Woodberry contends that a stipulated-damages clause for the late payment of rent is an unenforceable penalty as a matter of law in a residential lease. | 1 | 1 |
Lake Ridge Academy v. Carneygreen1 sentence2014Liquidated Damages {¶ 24} In his third assignment of error, Fleming contends the Court of Claims erred when it found the contract's stipulated damages clause provided for an unenforceable penalty instead of liquidated damages. {¶ 25} "As a general rule, parties are free to enter into contracts that contain provisions which apportion damages in the event of default." Lake Ridge Academy v. Carney, 66 Ohio St.3d 376, 381 (1993); see Triangle Properties, Inc. v. Homewood Corp., 10th Dist. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jones v. Stevens
green
2 sentences1993The Ohio Supreme Court has acknowledged a three-part test for the purpose of determining whether a particular stipulated damages clause is a provision for liquidated damages and, therefore, enforceable or a penalty and, therefore, not enforceable: “[Liquidated damages exist in a contract when (1) the damages would be uncertain as to amount and difficult of proof; (2) when the contract as a whole is not so manifestly unreasonable and disproportionate as to justify the conclusion that it does not express the true intention of the parties; and (3) when the contract is consistent with the conclusi 1993The Ohio Supreme Court has acknowledged a three-part test for the purpose of determining whether a particular stipulated damages clause is a provision for liquidated damages and, therefore, enforceable or a penalty and, therefore, not enforceable: “[Liquidated damages exist in a contract when (1) the damages would be uncertain as to amount and difficult of proof; (2) when the contract as a whole is not so manifestly unreasonable and disproportionate as to justify the conclusion that it does not express the true intention of the parties; and (3) when the contract is consistent with the conclusi | 2 | 1993–2011 |
Brunswick Ltd. Partnership v. Feudo
green
1 sentence2015Partnership v. Feudo, 171 Ohio App.3d 369 , 2007- Ohio-2163, ¶11 (11th Dist.). {¶56} In this case, without stipulations, submission of evidence to a fact finder, and an assessment of the credibility of the relevant evidence, I believe it is impossible to determine whether the stipulated damages clause is reasonable and proportionate. | 1 | 2015–2015 |
Wassenaar v. Panos
green
2 sentences1993Citing Professor Corbin’s treatise on contracts, the court stated: “While evidence of the employee’s earnings after the employer’s breach may be relevant in meeting the employer’s burden of proving that the stipulated damages clause is unreasonable, once the court determines that the clause is reasonable, proof of the employee’s actual loss (including what he earned or might have earned on another job) is no longer relevant. * * * We hold that once a stipulated damages clause is found reasonable, the liquidated damages should not be reduced at trial by an amount the employee did earn or could 1993Citing Professor Corbin’s treatise on contracts, the court stated: “While evidence of the employee’s earnings after the employer’s breach may be relevant in meeting the employer’s burden of proving that the stipulated damages clause is unreasonable, once the court determines that the clause is reasonable, proof of the employee’s actual loss (including what he earned or might have earned on another job) is no longer relevant. * * * We hold that once a stipulated damages clause is found reasonable, the liquidated damages should not be reduced at trial by an amount the employee did earn or could | 1 | 1993–1993 |
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.