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  4. CytoDyn Inc (CYDY) Message Board

Your cellphone contract probably has a liquidated

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Post# of 154858
(Total Views: 569)
Posted On: 10/28/2022 5:59:43 PM
Posted By: MarcS
Your cellphone contract probably has a liquidated damage clause.
You know why? Lack of bargaining power by one of the parties to the contract, YOU!
Whether or not there is a liquidated damage clause (and what it says) has a lot to do with bargaining power and the desires of the parties (that is the desires of the party or parties with bargaining power). Sometimes only one party has bargaining power; sometimes both do. Contracts in which both have bargaining power tend to look a lot different than those that only one has bargaining power.
Who had the bargaining power in the CytoDyn/Amarex contract? Was it really Amarex?
Unless you read the contract or practiced in that business area of the law, your talk is all BS.
Your 9-figure contract experience for a different business is really quite irrelevant. Does your entertainment experience also apply to maritime contracts, as well? What's the limit of your providing contractual advice on contracts outside your experience in entertainment?


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