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The following section is to enter opinion authorship for each opinion part (concurrences, dissents, etc.).
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'''Facts''': Defendant leased trucks from Plaintiff. K had a liquidated damages clause. The amount awarded by the clause was more than the remaining value of the lease. '''Issue''': Is the clause enforceable? '''Holding''': Held for the Plaintiff. The clause is enforceable. '''Rule''': "A contractual provision fixing damages in the event of breach will be sustained if the amount liquidated bears a reasonable proportion to the probable loss and the amount of actual loss is incapable or difficult of precise estimation. . . . If, however, the amount fixed is plainly or grossly disproportionate to the probable loss, the provision calls for a penalty and will not be enforced." If the three conditions are not all satisfied, a liquidated damages clause will not be enforced. # Actual damages are difficult to estimate at the time the K was made. # Liquidated damages are a reasonable estimate of the anticipated loss. # Liquidated damages are not grossly disproportionate to the probable loss (No Punitive Damages)