Massachusetts Security Contract - Self-Employed
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One of the most important provisions in a proper security contract, from a defense standpoint, is the limitation of liability provision, or liquidated damage clause. Though some courts treat the two provisions similarly, and will enforce either provision under the same circumstances, the limitation of liability provision and the liquidated damage clause are in fact two distinct different types of provisions. Often the courts in a state will be willing to enforce a limitation of liability provision, but not a liquidated damage clause. Other states will favor the liquidated damage provision in a security contract. It is essential that you know which type of provision is preferred and enforced in your state and make certain that your contract contain the proper wording.
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