Klyap Essay

1243 Words5 Pages
Klyap was hired as a new teacher in the Arrowhead school district where he signed a contract containing liquidated damages. The clause stated that a breach of his contracted after July 20, 1998 would require payment of 20 percent of his salary as damages. On August 12, Klyap resigned. The school took appropriate steps to mitigate its damages and the court ruled in favor of the school and that Klyap owed $4,100. The key facts are that Klyap applied and accepted the position, signed a contract that included a liquidation clause as well as signed a notice accepting the responsibilities for familiarizing himself with the teacher’s handbook, which also included the liquidation damages clause. This case illustrates that a liquidated damages provision is enforceable if it is a reasonable forecast of the harm caused by the breach. Liquidated damages is a type of contract remedy and therefore, why it is in this chapter. The plaintiff must prove that both parties agree in advance to the damages to be paid if the contract is breached. It will be enforced if it amounts to a reasonable forecast of the loss that may or does result from the breach. The substance of the provision, the nature of the contract, and the extent of probable…show more content…
Therefore, finding another teacher at the skill level of Klyap in such a short deadline before school started back would be virtually impossible. Even though they were able to hire a new teacher, the new teacher was not able to attend any of the staff development trainings, making the school spend even more time to train the teacher individually. Also, one of the sports Klyap coached had to be eliminated and also resulting in other schools having to change their schedules. The school also testified that it had an intent to secure performance and avoid the above damages by reason of the
Open Document