Spanish translation: el trato comercial entre las partes
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English to Spanish translations [PRO] Bus/Financial - Law: Contract(s) / liquidated damages claim in a construction contract
English term or phrase:commercial bargain struck by the parties.
This one needs some explanation before setting forth the question. Please read very carefully.
This is a text about some of the reasons why a liquidated damages clause under a contract may be voided by a court.
One of the reasons is the prevention principle (the one at hand here), which basically states that a client has no right to claim for damages if it [the client] has prevented the contractor, by acts or omissions, from properly performing its job.
Now this is the text:
A liquidated damages clause will cap the contractor's liability where a liquidated damages regime breaches the prevention principle because this gives effect to the commercial bargain struck by the parties.