Legal Definitions - on pain of

The legal phrase on pain of is used to specify a direct consequence or penalty that will be imposed if a particular command, condition, or obligation is not fulfilled. It serves as a clear warning that failure to comply will inevitably lead to the stated punishment.

Here are some examples illustrating its use:

• Example 1: Court Order
  A judge presiding over a civil dispute might order a party to disclose certain information, stating: "The plaintiff is hereby ordered to provide all requested email correspondence to the defense by the end of next week, on pain of having their case dismissed."

  Explanation: In this scenario, if the plaintiff fails to submit the emails by the deadline, the direct and severe consequence will be the dismissal of their lawsuit, meaning they lose their opportunity to pursue the claim in court.

• Example 2: Regulatory Compliance
  A municipal health department might issue a directive to a restaurant: "The establishment must rectify all identified sanitation violations within 48 hours, on pain of immediate closure."

  Explanation: This means that if the restaurant does not fix the sanitation problems within the two-day timeframe, the health department will enforce the penalty of shutting down the business, preventing it from operating.

• Example 3: Contractual Obligation
  In a settlement agreement following a business dispute, a clause might read: "Party A agrees to pay the agreed-upon sum of $50,000 to Party B by the 15th of the month, on pain of incurring an additional 10% penalty fee for each week the payment is delayed."

  Explanation: Here, the consequence for Party A failing to make the payment by the specified date is not just the original debt, but an escalating financial penalty added for every week the payment remains outstanding.