Virginia § 59.1-508.4 - Liquidation of damages
Full text of Virginia Code of Virginia § 59.1-508.4 — Liquidation of damages, with citation guidance and answers to common questions.
§ 59.1-508.4. Liquidation of damages
(a) Damages for breach of contract by either party may be liquidated by agreement in an amount that is reasonable in light of:
(1) the loss anticipated at the time of contracting;
(2) the actual loss; or
(3) the actual or anticipated difficulties of proving loss in the event of breach.
(b) If a term liquidating damages is unenforceable under this subsection, the aggrieved party may pursue the remedies provided in this chapter, except as limited by other terms of the contract.
(c) If a party justifiably withholds delivery of copies because of the other party's breach of contract, the party in breach is entitled to restitution for any amount by which the sum of the payments it made for the copies exceeds the amount of the liquidated damages payable to the aggrieved party in accordance with subsection (a). The right to restitution is subject to offset to the extent that the aggrieved party establishes:
(1) a right to recover damages other than under subsection (a); and
(2) the amount or value of any benefits received by the party in breach, directly or indirectly, by reason of the contract.
(d) A term that does not liquidate damages, but that limits damages available to the aggrieved party, must be evaluated under § 59.1-508.3.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 59.1-508.4
What does Code of Virginia § 59.1-508.4 cover?
Section 59.1-508.4 ("Liquidation of damages") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 59.1-508.4?
A common citation format is "Code of Virginia § 59.1-508.4" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 59.1-508.4 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.