Sample Corporate Notices of Meetings, Resolutions, Simple Stock Ledger & Certificate.
Sample Corporate Notices of Meetings, Resolutions, Simple Stock Ledger & Certificate.
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Penalties in a contract are specified terms that cause a penalty to be paid by a party if that party doesn't keep the terms laid out in the contract. The Supreme Court recently examined the common law rule on penalty clauses in consumer and commercial agreements.
How to Draft an Enforceable Penalty Clause?Make sure there is a legitimate interest that is proportionate to the enforcement of the main obligation by the innocent party.Consider whether the penalty clause has an actual pre-estimation of loss.Avoid making the penalty extravagant or unconscionable.
A penalty clause is an express provision in a contract. It places an obligation upon the party who has breached the contract to provide compensation to the aggrieved party affected by the breach 1.
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.
For example, if we agree that we will have coffee tomorrow at 3pm and that if I am late, I will pay for your coffee and mine. Then that is a penalty clause. If I am late, rather than you claiming damages through the courts, I simply pay you the penalty.