Uncertain Damages In Delaware
"Where damages are uncertain and the amount agreed upon is reasonable, such an agreement will not be disturbed." Lee Builders, Inc. v. Wells et al., Del. Ch., 103 A.2d 918, 919 (1954) (citing In re Ross & Son, Inc., Del. Ch., 95 A. 311).
"The injury caused by breach of a contract for the conveyance of land is usually not capable of such reasonably exact measurement as to prevent enforcement of an agreement that is not unconscionable" Lee Builders, 103 A.2d at 919 (citing Corbin on Contracts, Vol. 5, Sec 1064).
"A deposit retained by a seller of real property as liquidated damages for buyer's failure to settle was not unreasonable." Baldwin v. Starratt, Del. Super., C.A. No. 98 A-11-016, Goldstein, J., 1999 WL 743276 (July 16, 1999), aff'd Del. Supr., 755 A.2d 386 (1999).