 | 1919 - 434 lehte
...Though the parties to a contract who use the words "penalty" or "liquidated damages" may prima fane be supposed to mean what they say, yet the expression...may be said to be found passim in nearly every case. — The essence of a penalty is a payment of money stipulated as in terror-cm of the offending party... | |
 | Alured Myddelton Wilshere - 1920 - 620 lehte
...Though the parties to a contract who use the words ' penalty ' or ' liquidated damages ' may, primd facie, be supposed to mean what they say, yet the expression used is (I) Beynes v. Dixon, [1900] 2 Ch. at 578. (m) Ibid., and see Sloman v. Walter, 2 W. & T. 268. (n) Preston... | |
 | Alured Nathaniel Myddelton Wilshere, John Indermaur, Alured Myddelton Wilshere - 1922 - 742 lehte
...liquidated damages: — 1. Though parties who use the words " penalty " or " liquidated damages " may, primd facie, be supposed to mean what they say, yet the...conclusive; the Court must find out whether the payment is in truth a penalty or liquidated damages. 2. The essence of a penalty is a payment stipulated as... | |
 | Ernest Wilson Huffcut, Edwin Hamlin Woodruff - 1925 - 872 lehte
..."1. Though the parties to a contract who use the words 'penalty' or 'liquidated damages' may prima facie be supposed to mean what they say, yet the expression...liquidated damages. This doctrine may be said to be found ixixxint in nearly every caso. "2. The essence of a penalty is a payment of money stipulated as in... | |
 | 1919 - 376 lehte
...the parties to a contract who use the words " penalty " or " liquidated damages" may prima faeie \x supposed to mean what they say, yet the expression...may be said to be found passim in nearly every case. The essence of a penalty is a payment of money stipulated as in terrorem of the offending party; the... | |
 | United States. National Railroad Adjustment Board - 1016 lehte
...payment of a stipulated sum on breach of contract, irrespective of the damages sustained. Its essence is a payment of money stipulated as in terrorem of the offending party, while the essence of liquidated damages is a genuine covenanted pre-estimate of damages. It has been... | |
 | 1915 - 702 lehte
...Though the parties to a contract who use the words penalty or liquidated damages may, prima facie, he supposed to mean what they say, yet the expression...stipulated is in truth a penalty or liquidated damages. (2) The essence of a penalty is a payment of money stipulated as in tcrrorcm of the offending party;... | |
 | Peter Birks - 1996 - 362 lehte
...penalty payable upon breach. The former is 'a genuine covenanted pre-estimate of damage'.* The latter is 'a payment of money stipulated as in terrorem of the offending party'.9 The distinction requires substantive analysis by the court; the parties' own description of... | |
 | Michael Reilly - 1999 - 446 lehte
...Garage and Motor Co. Ltd [1915] AC 79 (HL). Lord Dunedin, at 86, laid down a series of tests, including The essence of a penalty is a payment of money stipulated as in rerrorem of the offending party; the essence of liquidated damages is a genuine covenanted pre-estimate... | |
 | Geoffrey Trickey, Mark Hackett - 2001 - 510 lehte
...1. "Though the parties to a contract who use the words "penalty" or "liquidated damages" may prima facie be supposed to mean what they say, yet the expression...stipulated is in truth a penalty or liquidated damages . . . 2. The essence of a penalty is a payment of money stipulated as in terror em of the offending... | |
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Though the parties to a contract who use the words "penalty" or "liquidated damages" may prima facie be supposed to mean what they say, yet the expression used is not conclusive. The court must find out whether the payment stipulated is in truth a penalty... 
