10 ENGLISH BOOKS RELATING TO «PENALTY CLAUSE»
Discover the use of
penalty clause in the following bibliographical selection. Books relating to
penalty clause and brief extracts from same to provide context of its use in English literature.
IV. Penalty Clauses: Earnest 162. In order to strengthen the position of the
creditor, the Civil Code provides for two clauses, related to one another, which
the parties may agree: the earnest ('arrha') and the penalty clause (Articles 402-
409 CC).
Michael Stathopoulos, 2009
2
Construction Contract Administration
Unless actual damages occur, as in liquidated damages, many states will not
enforce a penalty clause without a corresponding bonus clause. In many cases,
courts will then limit the amount of liquidated damages to the actual damages ...
American Water Works Association, 1996
3
International Encyclopedia of Comparative Law
The penalty clause does not give rise to an independent obligation but to one
which is accessory to the obligation to perform the principal obligation. The point
is very clearly put in the louisiana Civil Code (art. 2117): "A penal clause is a ...
4
Essentials of Real Estate Finance
One form of control is the inclusion of a prepayment penalty clause in the loan
contract. This penalty usually constitutes a certain percentage of the original face
amount of the loan, a percentage of the outstanding balance of the loan, or some
...
David Sirota, Doris Barrell, 2003
5
Fresh Perspectives: Commercial Law 1
Penalty clauses A penalty clause allows contracting parties to agree in advance
about what will happen if they fail to fulfil their duties in terms of the agreed
contract. A penalty is generally related to punishment. In the context of a contract,
...
D. Holness, A. Govindjee, A. Shirk, 2006
6
Construction Law Handbook
It has been argued that the sole purpose of the courts I, using their power to strike
down a penalty clause is to provide relief against oppression. If, having struck
down the clause, the courts then allowed recovery of a sum greater than the ...
Vivian Ramsey, Thomas Telford Limited, 2007
7
Professional Services Agreements
It used to be thought that penalty clauses were unenforceable, but the courts [
Court of Appeal in Jobson v Johnson 1989 1 WLR 1026] have now held that an
innocent party can sue on a penalty clause, although it will only recover its actual
...
Leslie Edwards, Rachel Barnes, 2000
8
Principles of European Contract Law and Italian Law
Case-law and scholars have pointed out that the penalty clause may be aimed at
both coercing non-performance and assessing damages for non-performance in
advance (see Cass. 6 Nov. 1998 no. 11204, Giust. Civ. Mass. 1998; see also ...
Luisa Antoniolli, Anna Veneziano, 2005
9
The Practice of New Products and New Business
Penalty in case of breach A professional NDA foresees in a penalty clause. When
a party breaches the NDA by disclosing information, there has to be a specific
clause of penalty. Without this clause, what is the use of a NDA? This penalty ...
10
Financial Instruments: A Comprehensive Guide to Accounting ...
57(c)(1)) • A variable penalty clause is considered a net settlement provision if it
is based on changes in the price of the underlying. (FAS-133, par. 57(c)(1)) • If
the contract contains both a fixed and a variable penalty clause, it is not
considered ...
Rosemarie Sangiuolo, Leslie F. Seidman, 2008
10 NEWS ITEMS WHICH INCLUDE THE TERM «PENALTY CLAUSE»
Find out what the national and international press are talking about and how the term
penalty clause is used in the context of the following news items.
North-south divide in how divorces are heard forces wives to seek …
It comes as growing numbers of couples are drawing up prenuptial agreements with an infidelity penalty clause. The clause means that if a ... «Telegraph.co.uk, Jul 15»
UK prenups now get adultery clauses
Growing numbers of brides and grooms drawing up a prenuptial agreement are insisting on an infidelity penalty clause, a top divorce lawyer ... «Independent Online, Jul 15»
Algorithmic Trading: Setting the record straight
There is already a penalty clause in place to charge for orders that are cancelled beyond a certain order –to- trade ratio. Other than this, there ... «Moneycontrol.com, Jul 15»
Growing number of couples opting for infidelity penalty clause in …
Growing numbers of brides and grooms drawing up a prenuptial agreement are insisting on an infidelity penalty clause, a top divorce lawyer ... «Daily Mail, Jul 15»
Luis Figo to Real Madrid: The Transfer That Launched the …
Veiga had a big penalty clause so he said to Figo, 'If you don't accept this, I'm going to be bankrupt. I can't pay. I'll be ruined.' I imagine it was ... «Bleacher Report, Jul 15»
Govt will invite pvt players to plan, build ITO infrastructure
"There will be a concession period and a penalty clause as part of the contract wherein the company will be penalized for not maintaining the ... «Times of India, Jul 15»
Aberdeen councillor cleared of lying over £100million Marischal …
A senior Aberdeen councillor has been cleared over claims he lied about a £100million penalty clause in the city's controversial Marischal ... «Aberdeen Press and Journal, Jul 15»
$297K North Street project to cost $41K more
The project, started soon thereafter, has a completion date of July 24 and a penalty clause of $500 per day beyond deadline. The engineer's ... «Black Hills Pioneer, Jul 15»
The appearance of bias within
Alleging a bias towards candidates from state boards, students staged a protest at DU's North campus and demanded the penalty clause be ... «The Statesman, Jul 15»
Can Legal Settlement Help Jump-Start Re-Development of former …
"If this developer drags his feet and doesn't do anything, there is a penalty clause in this that will accumulate up to $200,000. We hope it doesn't ... «WAER, Jul 15»
