| 单词 | penalty clauses |
| 释义 | penalty clauses penalty clauses clauses that impose a liability more extensive than general damages. They are contrary to public policy and according- ly 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. From Dunlop Tyre Co. Ltd v. New Garage Motor Co. [1915] AC 79, it can be said that the factors in determining what is allowed and what is not are as follows:(i) the difficulty of calculating the actual loss on breach; (ii) the reasonableness of the stipulated sum; (iii) a clause will be presumed penal if it makes the same sum payable for breaches of differing severity; (iv) a clause will be penal if the principal obligation is to pay money and the stipulated sum is larger. |
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