Banyan GW, LLC v. Wayne Preparatory Acad. Charter Sch., Inc.

Judge HUNTER, JR. concurring in part and dissenting in part.

While I concur in the most of the majority opinion, I respectfully dissent on its handling of the issue of punitive damages. In that section, I agree with the majority opinion containing of the definition of "penalty" and "liquidated damages." I also agree with the majority's statement of the law of punitive damages, to wit: "Whether a liquidated damages amount is a reasonable estimate of damages that would likely result from a default is a question of fact ." Green Park Inn, Inc. v. Moore , 149 N.C. App. 531, 540, 562 S.E.2d 53, 59…