ATAS/470/2005 · Art. 66 al. 1 LTF

ATAS/470/2005 • CJ GE ATAS/470/2005 Généré par l'IA

Liquidated Damages Clause Unenforceable as Penalty Due to Disproportionate Actual Loss

Numéro de cause ATAS/470/2005

Autorité / Tribunal Cour de Justice (Cour civile) · Chambre des assurances sociales

Juridiction

Suisse · Canton de Genève (CH-GE)

Date de la décision 2005-05-26

Issue du litige Rejeté (Dismissed)

Ouvrir la source officielle Miroir Entscheidsuche Version Markdown lisible par machine (.md)

Synthèse Legislator

Généré par l'IA

A party challenged the assessment of damages for breach of contract, arguing that the original agreement's liquidated damages clause was an unenforceable penalty because the actual loss was significantly lower than the stipulated amount. The court reasoned that liquidated damages clauses are enforceable if they represent a reasonable forecast of just compensation for the harm caused by the breach and are not intended as a punishment; because the actual damages were minimal compared to the liquidated sum, the clause served primarily as a penalty, rendering it void as against public policy, thus requiring the non-breaching party to prove actual damages.

Regeste Legislator

Généré par l'IA

Art. 66 al. 1 LTF; Liquidated Damages Clause Unenforceable as Penalty Due to Disproportionate Actual Loss: The court reasoned that liquidated damages clauses are enforceable if they represent a reasonable forecast of just compensation for the harm caused by the breach and are not intended as a punishment; because the actual damages were minimal compared to the liquidated sum, the clause served primarily as a penalty, rendering it void as against public policy, thus requiring the non-breaching party to prove actual damages.