Legal Question in Employment Law in Kansas

Void contract

Can liquid damages be assessed by and employer when the employee cannot fulfill terms of the contract due to circumstances beyound their control?


Asked on 8/12/03, 12:45 pm

1 Answer from Attorneys

Michael Shultz Law Firm of Michael M. Shultz, P.A.

Re: Void contract

Under certain circumstances, a valid defense to breach of contract is that unforeseen circumstances, or forces of nature, prevented performance. The question is what was within the contemplation of the parties and how much risk was assumed by each. The issue is very fact specific. However, it also is true that courts often will not award liquidated damages if it would be excessive and/or actual damages can be easily determined. These are general contract principles applicable to this situation and this does not constitute legal advice nor the establishment of an attorney-client relationship. If you have an actual legal situation, you should consult a competent attorney.

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Answered on 8/12/03, 1:03 pm


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