Problem.Planning.Liquidated damages
A. Were you the lawyer representing the plaintiffs in the ADA lawsuit discussed in Resnick, how might you have made a reasonable estimate of damages for breach of the agreement to timely complete accomodations? Draft the liquidated damages clause that you would have used.
B. You represent U.C.L.A. in its negotiations with a prospective coach of the storied men's basketball team. Knowing that the dissent in Vanderbilt might very well command a majority in another jurisdiction, how would you make a reasonable estimate of damages for a liquidated damages clause that would apply if the coach quits before the expiration of the contract? Draft the liquidated damages clause.