Sentences with phrase «not penalty clauses»

Applying the fine - tuned penalties doctrine, the Supreme Court found that both clauses imposed a primary obligation, not a secondary one, and were therefore not penalty clauses which would be unenforceable.

Ultimately, whether or not a Penalty Clause is legitimate is up to the decision of a Judge.

Not exact matches

And The Ten Commandments make clear that «Thou shalt not kill» — there is no clause for retribution towards terrorists or the death penalty or anything of the sort.

I have no idea what clauses Mullen has in his current contract, but if they don't have much penalties in there for leaving to another SEC school, I can see this happening.

But the measure, implemented through a notice issued by ministries, not legislation, contains no penalty clause for operators that fail to report cases, a Cabinet Office official acknowledged.»

Some distant talk of Jaguars although there penalty clause for leaving a new stadium is insane and not affordable....

In the event, it would have cost the exchequer more to cancel the projects because of punishing penalty clauses than to complete the carriers - which may not be able to carry any British fixed - wing aircraft until 2019.

Article 14 (1) Every person shall be entitled to his personal liberty and no person shall be deprived of his personal liberty except in the following cases and in accordance with procedure permitted by law; Article 19 (1) A person charged with a criminal offence shall be given a fair hearing within a reasonable time by a court; Article 19 (11) No person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law; Article 19 (12) Clause (11) of this article shall not prevent a Superior Court from punishing a person for contempt of itself notwithstanding that the act or omission constitution the contempt is not defined in a written law and the penalty is not so prescribed; and Article 126 (2) The Superior Courts shall be superior courts of record and shall have the power to commit for contempt to themselves and all such powers as were vested in a court of record immediately before the coming into force of this constitution.

Details delivery dates of the full text of the book, penalties or out clauses if the manuscript isn't delivered, etc..

DO NOT sign a mortgage agreement that contains a prepayment penalty clause!

Just make sure that your mortgage agreement doesn't contain a prepayment penalty clause.

It has written into it a penalty clause that claws back a large part of the salary of the elected member responsible if it isn't proven to be neutral in any one year, by a fixed date.

The fact that a clause is not a genuine pre-estimate of loss does not automatically make it a penalty clause.

This is because a provision in a complex commercial contract may not be a penalty clause even though consequences following the breach may not represent a genuine pre-estimate of the loss suffered by the innocent party.

Clause 25 provides for warning notices to be given as a prelude to enforcement action and cl 80 would empower the commission to issue fixed penalty notices, a power not available to the current registration authorities.

A penalty clause is not legitimate if it is does not bear any relation to the actual losses, but is merely a threat designed to frighten the tenant into timely payment of rent.

Therefore, a penalty clause will not be legitimate where the sum is extravagant or excessively large compared to the possible losses, or if the tenant agrees to pay a certain sum of money and a larger sum if the first sum is not paid.

The court unanimously agreed, based on a 1976 Supreme Court decision, that the reasonableness of the monetary amount, i.e., whether the lump sum payments set out in the clause amounted to a genuine estimate of anticipated damages or a penalty, was only relevant to the issue of damages; it was not relevant to the reasonableness of the clause itself.

When would a contractual provision be considered a penalty clause not enforceable in courts?

Every lease I have ever seen (and most of the free template lease forms on the web have) had a clause stating that making unauthorized changes to the property is not permitted, along with the possible penalties, like paying for the damages, losing a deposit, even eviction.

However, careful drafting is needed to ensure that this type of loss is both quantifiable and that an indemnity clause covering it could not be successfully challenged for being a «penalty» clause within the supply agreement.

After the house was sold (and she couldn't put liens on the house), I sent her a bill for the work that had to be done and the 88 days that she was late (the penalty clause).