If West and Burton designated in their contract an amount to be paid in the event of a breach and the amount is found to be so high it is considered a penalty, the injured party will be left without a remedy.

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If the designated amount is found to be a penalty, the injured party can still seek a remedy through the court. However, the court may choose to reduce the amount to a reasonable level that reflects the actual damages suffered by the injured party.

If West and Burton Designated in Their Contract an Amount