Penalty clauses: non-breaching parties receive reasonable compensation up to the stipulated sum, subject to limited exceptions. A contractual sum named for breach or any stipulation by way of penalty entitles the aggrieved party to reasonable compensation not exceeding the amount so named or the penalty stipulated, whether or not actual loss is proved; increased interest from date of default can constitute a penalty. Exception: bonds, recognizances or instruments for public duties or interests render the obligor liable for the whole sum on breach.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Penalty clauses: non-breaching parties receive reasonable compensation up to the stipulated sum, subject to limited exceptions.
A contractual sum named for breach or any stipulation by way of penalty entitles the aggrieved party to reasonable compensation not exceeding the amount so named or the penalty stipulated, whether or not actual loss is proved; increased interest from date of default can constitute a penalty. Exception: bonds, recognizances or instruments for public duties or interests render the obligor liable for the whole sum on breach.
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