What does this mean???

What is the name of your state? Australia

Quote from contract: "You will leave or remove if I require all your fixtures in the premises at the expiry or sooner termination of this lease. You acknowledge that the fixtures become mine at the expiry or other ending of the term if they are not removed at my request prior to the expiry or sooner termination of this lease. If you remove any of your fixtures and do damage in that removal you will pay to me on demand the cost of repairing the damage and I can recover that cost from you as liquated damages."

We are the owner of a small food shop in Australia, ACT. Our lease is about to expiry and we do not want to remove any of the fixtures. According to the above quote, do you think we are liable for any removal costs if we decide to leave the fixtures within the premises even though the landlord requested them to be removed? Any advice would be appreciated. Thanks

masterjayr said:

What is the name of your state? Australia

Quote from contract: "You will leave or remove if I require all your fixtures in the premises at the expiry or sooner termination of this lease. You acknowledge that the fixtures become mine at the expiry or other ending of the term if they are not removed at my request prior to the expiry or sooner termination of this lease. If you remove any of your fixtures and do damage in that removal you will pay to me on demand the cost of repairing the damage and I can recover that cost from you as liquated damages."

We are the owner of a small food shop in Australia, ACT. Our lease is about to expiry and we do not want to remove any of the fixtures. According to the above quote, do you think we are liable for any removal costs if we decide to leave the fixtures within the premises even though the landlord requested them to be removed? Any advice would be appreciated. Thanks

Click to expand...

**A: since when did Australia become a state of the US?

HomeGuru said:

**A: since when did Australia become a state of the US?

Click to expand...

It hasn't. But i can't find any free legal advice in Australia so i thought maybe someone from the US may be able to help. I only need to clarify the quote so i don't think different international laws will affect the my question anyway

masterjayr said:

It hasn't. But i can't find any free legal advice in Australia so i thought maybe someone from the US may be able to help. I only need to clarify the quote so i don't think different international laws will affect the my question anyway

Click to expand...

My response:

"Liquidated damages" must be a contractual provision calling for payment of a specified sum upon its breach. The damages need not be liquidated; but they must be measurable by reference to the contract itself and the basis for computing damages must be reasonable and certain.

Before the amount of liquidated damages will be presumed, the proponent must prove the following:

• an agreement exists fixing the amount to be considered as liquidated damages for a breach of contract;

• it would be extremely difficult to fix the amount of actual damages; and

• the amount stated as liquidated damages is the result of an attempt by the parties to state an amount that bears a reasonable relationship to the actual damages.

Now, the above is California law. It's not Florida law, or Oklahoma law, or Nevada law. So, the question is begged, do you think your Australian court will agree with California law, or some other law found in Florida, or Oklahoma, or Nevada or one of the other remaining 50 States of the United States?

Do you see the problem yet? One glaring problem is that your contract does NOT state an amount for Liquidated Damages. You see, in California, your contract for Liquidated Damages would not be enforceable. But, whether it is or isn't in Australia is anyone's guess!

This is why this site is for U.S. Law, only. We can't answer questions from some other country; i.e., a foreign jurisdiction. The above information, may be absolutely useless in Australia and, if you attempt to use the above "concepts" of California law, you may get "laughed out of court".

IAAL

My response:

Well, did you understand what I wrote, and do you understand the problem?

IAAL

wow. complex and hard to fully understand but i think i see your point. I will try and seek help else where then. thanks for reply anyway