ContractsIntermediateAlaska Exam

In Alaska, a 'liquidated damages' clause in a purchase agreement specifies:

AThe seller's right to pursue full compensatory damages beyond the earnest money, in general
BA pre-agreed amount of damages payable upon breach, typically the earnest money depositCorrect
CThe buyer's right to sue for specific performance
DThe commission to be paid if the transaction closes

Why A pre-agreed amount of damages payable upon breach, typically the earnest money deposit Is Correct

Answer B: A pre-agreed amount of damages payable upon breach, typically the earnest money deposit

A liquidated damages clause pre-specifies the monetary remedy for breach — typically the earnest money — in lieu of litigating actual damages. It is enforceable in Alaska when it represents a reasonable estimate of the damages likely to result from breach.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

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