Hey Kevin,

Nope, they are still teaching it the way you explained it in your post.  We have not discussed liquidated damages in Torts, only Contracts.  And, as you pointed out, liquidated damages are agreed to between the parties before hand when actual damages are difficult to predict and they must be reasonable.  Otherwise, if they appear to be a penally they will be unenforceable.

I will let you know if I hear anything else, and I will keep an eye on Kehoe myself. 

Best,
Robert A. Franco
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