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Liquidated Damage Case Overblown
Radisson Hotels v. Majestic Towers
The Radisson case in regards to liquidated damages has been overblown. In this writer’s opinion, the essence of the decision simply upheld a specifically negotiated liquidated damages clause. Future royalties were only dragged into the argument as a means of computing the liquidated damages amount. Here's my commentary from when it first caused hysteria.
Lost Future Royalties vs. Liquidated Damages (pdf, 4 pgs.), Franchise Regulation and Damages; CCH, Inc.
Bruce S. Schaeffer is a nationally recognized and published attorney with over 30 years’ experience dealing with tax issues, complex transactions, and valuations and damages issues with respect to franchises. He is the founder and president of Franchise Valuations, Ltd.
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Related readings:
- Franchisee Pays Liquidated Damages: Radisson Hotels v. Majestic Towers by attorney Kirk Reilly
- Top 5 Landmark Lawsuits Affecting Franchisees of 2007
PDF file above from CCH Franchise Regulation and Damages. © 2008, CCH. Reproduced with permission. For further details regarding this publication, visit http://onlinestore.cch.com
| Attachment | Size |
|---|---|
| Schaeffer.pdf | 79.99 KB |
