Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of December 31, 2021 | Updated by FindLaw Staff
(a) Damages for breach of contract by either party may be liquidated by agreement in an amount that is reasonable in light of:
(1) The loss anticipated at the time of contracting;
(2) The actual loss; or
(3) The actual or anticipated difficulties of proving loss in the event of breach.
(b) If a term liquidating damages is unenforceable under this subsection, the aggrieved party may pursue the remedies provided in this title, except as limited by other terms of the contract.
(c) If a party justifiably withholds delivery of copies because of the other party's breach of contract, the party in breach is entitled to restitution for any amount by which the sum of the payments it made for the copies exceeds the amount of the liquidated damages payable to the aggrieved party in accordance with subsection (a) of this section. The right to restitution is subject to offset to the extent that the aggrieved party establishes:
(1) A right to recover damages other than under subsection (a) of this section; and
(2) The amount or value of any benefits received by the party in breach, directly or indirectly, by reason of the contract.
(d) A term that does not liquidate damages, but that limits damages available to the aggrieved party, must be evaluated under § 22-803 of this subtitle.
Cite this article: FindLaw.com - Maryland Code, Commercial Law § 22-804 - last updated December 31, 2021 | https://codes.findlaw.com/md/commercial-law/md-code-coml-sect-22-804/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)