🏛️ The Contract Clause That Started Everything

🌟 Imagine you've signed an important contract with someone, and it says if you break your promise, you'll pay a fixed amount. Sounds simple, right? But what happens when that amount seems way too high - is it a fair estimate of damages or just a punishment to scare you?

💡 What You'll Discover:

• 🔍 The crucial difference between liquidated damages (fair estimates) and penalties (punishment clauses)
• ⚖️ Why proving a clause is "penal" is now much harder than before
• 🎯 How the burden of proof can make or break your case
• 💼 Practical tips for drafting bulletproof contract clauses

🚀 Real Cases Discussed:

• 💎 Campbell v. Farron - The classic comedian case that shows why one-size-fits-all penalties don't work
• ⭐ Maya Devi v. Lalta Prasad - Supreme Court's take on earnest money disputes
• 🏆 Deshraj v. Rotash Singh (2023) - The landmark ruling that shifted the burden of proof forever

⚡ Key Legal Principles Made Simple:

• 📜 Section 74 of Indian Contract Act, 1872 - your shield against unfair penalties
• 🎯 The "genuine pre-estimate" test that courts use
• 🔄 Why "in terrorem" (fear-based) clauses get struck down

🎙️ Whether you're drafting contracts or challenging unfair clauses, this episode gives you the roadmap to navigate India's evolving contract law landscape!