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LSDefine

Simple English definitions for legal terms

penalty clause

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A quick definition of penalty clause:

A penalty clause is a part of a contract that says if someone breaks the contract, they have to pay a lot of money that is not fair. It's like a punishment instead of a reasonable amount of money for the harm caused by breaking the contract. Penalty clauses are not allowed because they are too harsh. For example, if someone rents an apartment and the contract says they have to pay $750 a day if they stay longer than they are supposed to, that is not fair and is a penalty clause. The law says that contracts can have a fair amount of money that someone has to pay if they break the contract, but not too much.

A more thorough explanation:

A penalty clause is a part of a contract that imposes damages that are unreasonably high and represent a punishment for breach, rather than a reasonable forecast of damages for the harm that is caused by the breach. These clauses allow parties to agree to their respective damages liability if they later breach. However, courts do not enforce penalty clauses.

For example, if a landlord leases an apartment to a tenant for $1000 a month and the lease provides that if a tenant holds over, the tenant must pay $750 per day, then this would be considered a penalty clause and be invalid because the damages for holding over are excessive.

Another example could be a contract between a company and a vendor. The contract states that if the vendor is late in delivering the goods, they must pay the company $10,000 per day. This would also be considered a penalty clause and be invalid because the damages are excessive and do not represent a reasonable forecast of damages for the harm caused by the breach.

These examples illustrate how penalty clauses are unenforceable because they do not represent a reasonable forecast of damages for the harm caused by the breach. Instead, they are seen as a punishment for breaching the contract.

penalty | pendent jurisdiction

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TGM
18:41
not sure if I should email them to say that, or just hold off on sending it and not give an excuse
18:41
I think I just wouldn’t reach out and if they ask for them then say that
Dkk
18:41
@tgm Yeah sounds good, say that if they ask
18:47
hey yall
18:47
im premed idk why im here
18:48
we’re like cool and sexy and fun I get it
18:48
true i love ur user
18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
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