Question: Maureen is a professional model and contracts with a modeling agency to represent her career for a period of five years. The contract contains a
Maureen is a professional model and contracts with a modeling agency to represent her career for a period of five years. The contract contains a liquidated damages provision that in the event of a breach by either party, the nonbreaching party will be entitled to liquidated damages in the amount of $ million. Maureen breaches the contract early in the contract, and enters into a relationship with a different modeling agency. When Maureen objects to the enforcement of the liquidated damages provision, which of the following factors will NOT be considered by the court?
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Part
A
how effectively the modeling agency represented Maureen and advanced her career
B
punitive nature of the amount
C
reasonableness of the liquidated damages amount
D
inability to predict actual damages at the time of contract formation
E
if the parties were "sophisticated" or represented by attorneys during the contractual process
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