Liquidated Damages

Liquidated damages are pre-agreed compensation amounts specified in a contract, payable upon breach without need to prove actual loss.


PurposeRationale
CertaintyAmount predetermined
Avoid litigationNo need to prove damages
Incentivize performanceClear consequences for breach
Risk allocationBoth parties understand exposure
Dubai ApplicationContext
Developer delaysAED 10 per day per sqm typical
Buyer defaultDeposit forfeiture clause
Construction contractsPer-day delay penalties
EnforceabilityMust be genuine pre-estimate of loss

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