Translations for „contractual penalty“ in the English » Polish Dictionary

contract penalty, contractual penalty N LAW

contract penalty

kara f umowna

Monolingual examples (not verified by PONS Editors)

English

The court found that the contractual penalty clause was invalid on the grounds that it was unreasonably high, and dismissed the claim.

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Ultimately, contractual penalty clauses as general conditions would be very difficult to formulate.

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For a contractual penalty clause to be valid, one must show that it was drawn up after a bona fide attempt to estimate loss in advance of the breach.

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In addition, the contractual penalty clause must limit the possible penalty to allow for a reasonable outcome where mutiple breaches have occurred.

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Contractual penalty clauses are one way to deal with late suppliers.

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Accordingly, the amount of the contractual penalty must depend on the objective seriousness of the breach and the degree of fault.

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It provides that the amount of the contractual penalty is not stated in the agreement, but rather is fixed by the franchisor at its discretion in the case of breach.

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Otherwise, a contractual penalty could result in "the commission earned by the defendant over a number of years being exhausted to a degree destroying his livelihood".

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However, if the parties agreed on a contractual penalty, the employer can claim only the contractual penalty and is not entitled to also request injunctive relief or additional damages.

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Provided that no ruling to the contrary has been delivered, a contractual penalty clause in a distribution agreement is subject to an increased risk of invalidity.

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