Arrowhead School District No. 75 is located in Park County, south of Livingston, Montana, and consists of one school, Arrowhead School (School). For the 1997–98 school year, the School employed about 11 full-time teachers and several part-time teachers. During that school year, the School employed Klyap as a new teacher instructing mathematics, language arts, and physical education for the sixth, seventh, and eighth grades. In addition, Klyap, through his own initiative, helped start a sports program and coached flag football, basketball, and volleyball.

1. What evidence would Klyap have had to possess for him to have prevailed in this case?
Clue: Follow the court’s reasoning step-by-step to see what the judge checked before agreeing to enforce the contract.
2. Why might the court have not enforced the contract provision in question had the liquidated damages provision been 40 percent, rather than 20 percent?
Clue: Is it likely that Klyap would have agreed freely to such a provision?