Which of the following statements is TRUE?
A) Liquidated damages are always available if the defendant breached a contract for the sale of land.
B) Liquidated damages are enforceable if they represent a genuine estimate of the losses that the plaintiff might have suffered as a result of the defendant's breach.
C) A judge will award more than a liquidated damages clause provides for, but only if the plaintiff suffered a larger loss as a result of the defendant's breach.
D) The plaintiff cannot recover the full amount of liquidated damages if it suffered a smaller loss as a result of the defendant's breach.
E) Because of the risk of unfairness, liquidated damages are never allowed unless the defendant received independent legal advice at the time that the contract was created.
Correct Answer:
Verified
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