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    • Thread Starter

    This is a concern about a problem question

    Both parties agreed in a clause like this:

    if B fails to complete all of its obligations, all contract sums due to B shall be forfeited

    Do we need to analyse whether the agreed clause is a condition or a warranty? Or do we take it for granted that this clause can terminate the contract and just analyse whether is it 'liquidated damages' or a 'penalty' ?

    Thank You
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