Liquidation or limitation of damages
- deposits
Source:
Section 72.7180 — Liquidation or limitation of damages; deposits, https://www.oregonlegislature.gov/bills_laws/ors/ors072.html
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Notes of Decisions
Liquidated damages provision of this section may apply in analyzing validity of liquidated damages provisions in contracts in general. Illingworth v. Bushong, 297 Or 675, 688 P2d 379 (1984)
Provision in exclusive sales agreement calling for sales commission of 10 percent of sales price “in the event of any sale, contract to sell or exchange or conveyance of said [real] property by [seller] during the life of this contract or renewal or extension thereof” is not liquidated damages clause but clause that is enforceable in action for debt owed under contract. DiTommaso Realty, Inc. v. Moak Motorcycles, Inc., 309 Or 190, 785 P2d 343 (1990)