Quimbee logo
DMCA.com Protection Status

NPS, LLC v. Minihane

886 N.E.2d 670 (2008)

Case BriefRelatedOptions
From our private database of 34,000+ case briefs...

NPS, LLC v. Minihane

Massachusetts Supreme Judicial Court

886 N.E.2d 670 (2008)

Play video

Facts

NPS, LLC (NPS) (plaintiff) sold a ten-season license for two luxury seats at Gillette Stadium, where the New England Patriots professional football team played, to Paul Minihane (defendant). The license agreement required Minihane to pay $3,750 annually for each of the 10 football seasons. After Minihane failed to pay for the second season an acceleration clause in the contract required him to pay the entire balance for the remaining years on the license. When Minihane refused to pay the balance owed, NPS filed suit seeking recovery of the money. Minihane argued the acceleration clause in the license agreement was an unlawful penalty. The trial court agreed and refused to enforce the provision because the amount due, approximately $65,000, was grossly disproportionate to a reasonable estimate of actual damages made at the time of contract formation. Instead, the court awarded NPS damages of $6,000. NPS appealed.

Rule of Law

Issue

Holding and Reasoning (Cowin, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 607,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 607,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 34,000 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership