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California And Liquidated Damage Clauses

California Civil Code Section 1671(b) provides that “a provision in a contract liquidating the damages for the breach of the contract is valid unless the party seeking to invalidate the provision establishes that the provision was unreasonable under the circumstances existing at the time the contract was made”.  There are several key exceptions to this standard.  First,…

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The Burdens And Standards Of Proof And Review

I expect that that most lawyers can explain the difference between the “burden of proof” and the “standard of proof”.  Some lawyers might be more challenged in distinguishing between “standard of proof” and “standard of “review”.  Others might struggle to explain whether “substantial evidence” and “preponderance of the evidence” are the same.  Conveniently, the Nevada Supreme…

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