Liquidated Damages - Latest Developments 
Expires after 90 days
Keith Markham, legal trainer
CPD Hours: 1
Topics will include:
• How do the courts distinguish between a liquidated damages clause and a penalty clause?
• Who has the burden of proof?
• What is meant by the phrases ‘primary’ and ‘secondary’ obligations?
• How do the courts determine whether there is a ‘legitimate interest’?
• What factors will the courts consider when deciding whether the sum stated in the clause is ‘extravagant, exhorbitant or unconscionable’?
• What steps do I need to take practically to limit my risk?