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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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PuppyBot
10:41
i also have high cholesterol
GreyCeaselessMammoth
10:41
oh that's interesting, is your skin more resistant to the sun??
JumpySubsequentDolphin
10:42
@GreyCeaselessMammoth: there isn’t much sun here ☹️
10:42
shaq is rite, gotta stay on top if this shit.
PuppyBot
10:42
pigmentation reduces vitamin D production in the skin
JumpySubsequentDolphin
10:42
also yeah Arabs are like perpetually vit d deficient. we get those big bulk pill bottles for everyone in my family
GreyCeaselessMammoth
10:43
that's so interesting, i have a lot of arab family but i haven't heard of that
GreyCeaselessMammoth
10:43
i guess it makes sense
JumpySubsequentDolphin
10:43
@shaquilleoatmeal: I still think that would hurt my stomach
lilypadfrog
10:43
@shaquilleoatmeal: quarterly is crazy I haven’t gotten a physical in over three years
PuppyBot
10:43
median vitamin D intakes of American blacks are below recommended intakes in every age group, with or without the inclusion of vitamin D from supplements.
JumpySubsequentDolphin
10:43
@GreyCeaselessMammoth: NO WAY!! from where mammoth
GreyCeaselessMammoth
10:44
egypt! wa usratik mineyn?
indian people are also vitamin d deficient lolol
cumsock
10:44
i want a burgerrrrrrrrrr cheesy burger double patty bacon pickles
10:44
i am vitamin d deficient lol
PuppyBot
10:44
no pickles
JumpySubsequentDolphin
10:45
@GreyCeaselessMammoth: I LOVE EGYPTIAN ARABIC IT KILLS ME
JumpySubsequentDolphin
10:45
im palestinian
shaquilleoatmeal
10:45
@lilypadfrog: lmao, i get vo2 testing done at a lab and they offer it so i just do it. Also wtf havent u gotten a physical in so long?!
GreyCeaselessMammoth
10:45
JUMPYYYY we're neighbors!!
cumsock
10:45
what if ur irish and u are pale enough to reflect light does that mean ur deficient
@GreyCeaselessMammoth: i eat mostly whole foods now on my day to day and its the best
PuppyBot
10:45
maybe. i also burn. so i dont get how im deficient
GreyCeaselessMammoth
10:46
well i'm white but my stepdad is egyptian so i've been there a bunch and raised in a multi-gen egyptian household
10:47
Bio Chemistry is odd, some ppl just cannot absorb certain nutrients/vits. Like some calcium deficient ppl actually loose more calcium when they increase intake.
10:48
also some ppl are hyper sensitive to hormones/vit/nutrients.
JumpySubsequentDolphin
10:48
@GreyCeaselessMammoth: love my masris
JumpySubsequentDolphin
10:48
@PuppyBot: I burn bad i don’t get it either
cumsock
10:49
i burn worse
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