Question: When determining whether a remedy is a liquidated damage or a penalty, a court will review: ( Choose 2 answers. ) whether at the time

When determining whether a remedy is a liquidated damage or a penalty, a court will review: (Choose 2 answers.)
whether at the time of contracting damages where difficult to estimate.
when the breach occurred.
whether the amount set was a reasonable and not excessive amount.
the justification of the breaching party.

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