Title 13, Chapter 6, Section 3
( 13-6-3)
(a) Provisions in bonds stipulating the damages to be paid in the
event of breach shall be deemed penalties and shall not be
enforceable unless the amount stipulated is reasonably related to
the amount of the loss resulting from the breach and the damages
resulting from the breach are uncertain in nature or amount or are
difficult of ascertainment. (b) Where provisions in bonds stipulating damages to be paid in the
event of breach do not comply with the requirements prescribed in
subsection (a) of this Code section, only actual damages shall be
recoverable in the event of a breach. |