Perform his or her duties under the contract

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Question: Sheila Seller and Bobby Buyer enter into a contract where Bobby agrees to buy widgets for $0.10/unit at 500 units per shipment. The contract states that there shall be a minimum of 6 shipments between the parties. Bobby's payments are late on the first 3 shipments, and Bobby does not make the payment on the 4th shipment. In the parties' contract is a liquidation clause, which states that if either side is unable to perform his or her duties under the contract, then the other party shall receive damages in the amount of $100,000. Should the court enforce this liquidated damages clause?

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Use of proper APA formatting and citations. If supporting evidence from outside resources is used those must be properly cited. A minimum of 3 - 5 sources (excluding the course textbook) from scholarly articles or business periodicals is required.

Include your best critical thinking and analysis to arrive at your justification.

Reference no: EM133842979

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