The real damages are irrelevant, what matters is the expectation when they entered into the agreement since those expectations were codified in the contract.
I've requested exhibit a (the original contract) so we can take a look at what was really promised. What they're stipulating is "breach of contract" and since the contract has a "in the event of breach of contract" clause, I don't see how Gox get's out of the 50 million.
I've requested exhibit a (the original contract) so we can take a look at what was really promised. What they're stipulating is "breach of contract" and since the contract has a "in the event of breach of contract" clause, I don't see how Gox get's out of the 50 million.
Disclaimer: I'm not a lawyer either, just a person with a fair amount of experience in business law.
As I said, it will be interesting to see how that claim plays out. Although there may be a stipulated damages clause, there may be some other factors that come into play:
Did Coinlab completely fulfill their end of the bargain? If not, they themselves may be liable for a counter-claim and it could weaken the stipulated damages clause.
Were there acts beyond Mt. Gox's control that affected their ability to perform? Such as the DDOS attacks and a massive increase in trading volume and value.
Does the massive increase in volume at Mt. Gox make the terms of the original agreement with Coinlab unconscionable?
There may be a variety of defenses by Mt. Gox, so we'll need to hear the other side of the story. Of course, that is what depositions and trials are for.