Stipulated damages create a secondary obligation for the purpose of enforcing the principal obligation.
2.
The aggrieved party may demand either the stipulated damages or performance of the principal obligation, but may not demand both except for delay.
3.
In the U . S . state of Louisiana, which follows a civil law system, liquidated damages are referred to as " stipulated damages ".
4.
Stipulated damages may not be modified by the court ( and will therefore be enforced ) " unless they are so manifestly unreasonable as to be contrary to public policy ".
5.
The newspapers obtained a permanent injunction, although stipulated damages of $ 1 million were reduced to $ 10, 000 during settlement negotiations which allowed the defendants to drop their appeal.
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