Southeastern Land Fund v. Real Estate World

In Southeastern Land Fund v. Real Estate World, 237 Ga. 227 (227 SE2d 340) (1976), our Supreme Court developed a three-part test for analyzing liquidated damages provisions. As explained by that court: "First, the injury caused by the breach must be difficult or impossible of accurate estimation; second, the parties must intend to provide for damages rather than for a penalty; and third, the sum stipulated must be a reasonable pre-estimate of the probable loss." Id. at 230. A liquidated damages clause is enforceable only if it meets each of these requirements.