It will be construed as a liquidated damages clause if it is a genuine (chân thành) attempt (cố gắng) to estimate (đánh giá) in advance how much the claimant (nguyên đơn) will lose from thebreach, but will be struck down as a penalty clause if the sum specified in the clause is fargreater than any loss that the claimant could conceivably have suffered from the breach.The courts are increasingly reluctant to strike down clauses in this way. The court struck down the law as unconstitutional.
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