Z-Mart and A-1 Construction Company (A-1) agree to a liquidated damages clause of a certain amount on a per diem basis. In such cases, the parties are agreeing in advance that: upon breach, a certain amount of money will be paid to the injured party. should breach occur, only remedies at law will be available. defendant, if proven at fault, must liquidate all assets in order to grant plaintiff restitution either party may resecind the contract at will