Legal Definitions - pain of, on

The phrase "on pain of" is a legal idiom used to indicate that a specific action is mandatory, and failure to perform it will result in a stated penalty or consequence. It serves as a warning or a condition, emphasizing that non-compliance carries a direct and often severe punishment.

Here are some examples illustrating the use of "on pain of":

• Example 1: Court Order for Document Production

  A judge might issue an order stating, "The defendant must produce all requested financial records to the plaintiff's counsel by October 15th, on pain of contempt of court."

  Explanation: This means the defendant is legally compelled to provide the documents by the specified date. If they fail to do so, they will face the penalty of being held in contempt of court, which could lead to fines, sanctions, or even imprisonment, depending on the jurisdiction and the severity of the non-compliance.

• Example 2: Confidentiality Clause in an Employment Contract

  An employment agreement for a software developer might include a clause stating, "The employee shall not disclose any proprietary source code or trade secrets to third parties, either during or after employment, on pain of immediate termination and legal action for damages."

  Explanation: This clause makes it clear that maintaining confidentiality is a strict requirement. If the employee breaches this duty by disclosing sensitive information, they will face the severe consequences of losing their job immediately and potentially being sued by the company for any financial harm caused by the disclosure.

• Example 3: Regulatory Compliance in Environmental Law

  A government environmental agency might issue a directive to a manufacturing plant: "All hazardous waste must be stored in approved, sealed containers and disposed of by a licensed contractor, on pain of significant fines and potential facility closure."

  Explanation: This directive mandates strict adherence to environmental regulations regarding waste management. The phrase "on pain of" warns the plant that any failure to comply with these storage and disposal requirements will result in substantial financial penalties and could even lead to the forced shutdown of their operations.