Penalty clause
Term · Law · MLC-T-LAW-003694
A provision in a contract that specifies a predetermined sum of money to be paid by one party to the other in the event of a breach. This sum is intended to act as a deterrent against non-performance rather than a genuine pre-estimate of damages. Courts in many jurisdictions will not enforce a penalty clause if the amount is exorbitant and disproportionate to the actual loss.
| Identifier | MLC-T-LAW-003694 |
|---|---|
| Field | Law |
Record as JSON
{
"id": "MLC-T-LAW-003694",
"term": "Penalty clause",
"field": "Law",
"definition": "A provision in a contract that specifies a predetermined sum of money to be paid by one party to the other in the event of a breach. This sum is intended to act as a deterrent against non-performance rather than a genuine pre-estimate of damages. Courts in many jurisdictions will not enforce a penalty clause if the amount is exorbitant and disproportionate to the actual loss.",
"url": "https://mlchart.com/terminology/law/penalty-clause/"
}
Record 3,698 of 5,441 in Law terminology (MLC-0107). Request the full dataset.