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Transcription
Mr.E,E, Bennett #3 As stated by you, it appears that the law in Nevada is similar to that in California and that a provision for liquidated damages will not he enforced unless it is extremely difficult or impracticable to fix actual damages, provided that the amount of damages so fixed is reasonable. However, because there is no prohibition in Nevada against liquidated damages, the defendant has the burden of showing that the provision for liquidated damages is a penalty and therefore unenforcible. I understand the contrary is true in California where the burden is on the plaintiff to both plead and prove such facts as may be necessary to validate his right to recover liquidated damages by showing the impracticability or extreme difficulty of fixing actual damages. Sincerely, CMC/b CALVIN M. CORY
