Stephanie Clifford, also known as Stormy Daniels, entered into a confidentiality agreement regarding her alleged sexual relationship

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Stephanie Clifford, also known as Stormy Daniels, entered into a confidentiality agreement regarding her alleged sexual relationship with President Trump. That agreement was signed by President Trump’s lawyer, Michael Cohen, as representative of Essential Consultants, the company he formed to transfer money under the agreement to Ms. Clifford. The contract contained a liquidated damages clause requiring her to pay $1 million for each breach. President Trump has denied knowing about the agreement. See Debra Cassens Weiss, “Stormy Daniels Could Have to Pay at Least $20M in Liquidated Damages, Trump Lawyer Tells Court,” ABA Journal, March 19, 2018 [http://www.abajournal.com]. 

a. If President Trump did not know about the contract, can he still be considered a beneficiary of the contract? Explain. 

b. Is the liquidated damages clause is valid? Explain

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Law Business And Society

ISBN: 9781260247794

13th Edition

Authors: Tony McAdams, Kiren Dosanjh Zucker, Kristofer Neslund, Kari Smoker

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