penalty clauses

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Related to Penalty clause: Liquidated damages clause

penalty clauses

clauses that impose a liability more extensive than general damages. They are contrary to public policy and accordingly unenforceable. However, the courts will allow parties to agree the amount of damages in advance by way of what is called a liquidate damages provision. These often look the same, and the result may be little different. It has been said that the factors in determining what is allowed and what is not are as follows:
  1. (i) the difficulty of calculating the actual loss on breach;
  2. (ii) the reasonableness of the stipulated sum;
  3. (iii) a clause will be presumed penal if it makes the same sum payable for breaches of differing severity;
  4. (iv) a clause will be penal if the principal obligation is to pay money and the stipulated sum is larger.
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2 billion in damages as per the penalty clause from January 1, 2015.
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Penalty clauses are unenforceable and it is the foolish attorney who uses the word "penalty" in drafting a contract --except in the phrase "not a penalty.
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The majority of the Ontario Court of Appeal focused on whether the penalty clause was so unconscionable as to be unenforceable.
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The high court had earlier argued that rules were violated as the new/additional charges against Salem entailed the death penalty clause, which refutes the extradition rules of Europe.
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It would also strike out section 5A, the penalty clause.
Bill C-304
2) The section in question was the Penalty Clause, which allows states
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