Professional Documents
Culture Documents
Mulligan v. Boston Harbor Marina, 1st Cir. (1995)
Mulligan v. Boston Harbor Marina, 1st Cir. (1995)
Choa
_________________ _________________
Hall & Stewart, on brief for appellee.
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______________
____
____________________
____________________
Per Curiam.
___________
bankruptcy
Appellant
Edward Mulligan
court's denial of
appeals
the
return of money
as liquidated
option of a seller
liquidated damages
conveyancing.
481
is the
Lynch v.
_____
N.E.2d 1383,
to retain a
common practice
We affirm.
buyer's deposit as
in Massachusetts
1386, review
______
failed to
623, 627,
1102, 484
with
[such]
well
established
solution
to
the
provision was
points
This is especially so
sophisticated parties.
Two
Id.
__
liquidated damage
See id.
___ __
must
be
considered
in
assessing
"Where actual
upon by
the time
contract
the
represents
damages, such
the
actual
stipulated sum
to the
parties at
real
are
easily
is unreasonably and
damages
from a
sum agreed
execution of
reasonable estimate
a contract will be
damages
of the
the
of
the
enforced. . . .
ascertainable
the
actual
But where
and
the
grossly disproportionate
breach,
or
is
unconsciously
actual damages."
Shapiro v.
_______
no more
Grinspoon, 27
_________
Mass.
instant case,
the bankruptcy
court supportably
local real
in the
opportunity
record
indicates
after Mulligan's
at
a much
seller's
precision,"
breach
damages
Lynch,
_____
BHMC
to sell
ever
the
had
an
property
lower price.
actual
that
Moreover,
Such circumstances
"difficult
to
make the
calculate
with
481 N.E.2d at
"house was not sold within days of the first buyer's default,
at about the same
and
"[w]hen losses
are difficult to
deference is due to
liquidated damages,"
not
claim
that
quantify, considerable
the
Id (citing cases).
__
liquidated
as to
damages
clause
was
an
-3-
In addition,
district court
essentially for
in its
by the
dated July
19,
-4-