Prentice v. Classen’s Empirical Analysis

Citation profile

3 federal appellate · 6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “consideration of the instrument as a whole, the situation of the parties, subject matter of the contract, circumstances surrounding its execution, and other factors.”

   2 later decisions quote this exact passage
   e.g. Wandler v. Lewis · Chamberlain Livestock Auction, Inc. v. Penner

2. “(1) at the time the contract was made the damages in the event of breach were incapable or very difficult of accurate estimation, (2) there was a reasonable endeavor by the parties to fix compensation, and (3) the amount stipulated bears a reasonable relation to probable damages and is not disproportionate to any damages reasonably to be anticipated.”

   1 later decision quote this exact passage
   e.g. Wandler v. Lewis

3. “Every contract in which amount of damage or compensation for breach of an obligation is determined in anticipation thereof is void to that extent except the parties may agree therein upon an amount presumed to be the damage for breach in cases where it would be impracticable or extremely difficult to fix actual damage.”

   1 later decision quote this exact passage
   e.g. Safari, Inc. v. Verdoorn