Penalty Clause in UK Law
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The Penalty Clause Bias
Common law and civil law do not seem to agree on the function of punitive liquidated damages. Whereas penalty clauses are seen as a way of enriching contract law in France and the Netherlands, they...
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Performance management: Ian Janes shows how to solve a problem featuring a minimum demand constraint resulting from the existence of a contract with a penalty clause.
...My previous article on decision-making concepts (November/December 2009) showed that a decision should be taken with ' reference to the relevant costs and benefits relating directly to it. In particular, it showed that the contribution per unit of sc......
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Norm diffusion as a tool to uphold and promote EU values and interests: A case study on the EU Japan Mutual Legal Assistance Agreement
The article takes the European Union (EU)-Japan Mutual Legal Assistance (MLA) Agreement as a case study to analyse the EU success in pursuing its art 3(5) TEU mandate of upholding and promoting its...... ... In particular, in having clause allowing the EU to refuse assistance if death penalty is involved, the EU ... ...
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Transitional Justice: To what Extent does Trinidadian Law Regarding Capital Punishment for Murder Continue to be Hindered from Progress on Account of British Colonialism, Inciting the Need for Legal Reform?
... ... the extent to which Trinidadian law regarding the mandatory death penalty for murder, section 4 of the Offences Against the Person Act 1925, is ... It argues that on account of the ‘savings clause’ 1 that is imbued in the legislation, judicial review is inhibited ... ...
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Ne Bis in Idem and the Enforcement Condition: Balancing Freedom, Security and Justice?
A transnational ne bis in idem rule (or: prohibition of double jeopardy) is a core element of the area of freedom, security and justice. It has been given different expressions in Article 50 of the...... ... in idem to additi onal conditions regarding the enforcement of a penalty) is fully compatible with the Ch arter. It is submitted that additional ... the right’s rationale, possible alternative s to the enforcement clause and a thorough balancing between security conce rns, free movement, ... ...
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A New Administration, a Prerequisite for the Progress of Technical Co-operation
... ... Rescission may also be provided for in a penalty clause. A New Administration, a Prerequisite for the Progress of ... ...
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Contracts for Public Works in Spanish Law : Practical Aspects
... ... and the courts have decided on several occa- sions that a clause which was not part of the conditions of the award was invalid ... before the courts under ordinary law, or arrange for a penalty clause in the contract in the form of a fine of so much per ... ...
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Commercial Justification for Penalty Clauses: The Death of the Old Dichotomy?
... ... Furthermore, the court suggested a shift from the classic test of deciding whether the clause is a genuine pre-estimate of loss or a penalty to a broader approach of considering whether there is a commercial justification for the clause or ... ...
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Motoring
Our Motoring Correspondent discusses a new problem which the police may be called upon to solve, with special reference to the pioneer work carried out by the Southend-on-Sea Constabulary.... ... Southend, there was eventually an appeal against the penalty imposed as the result of a sound level meter reading. This was ... in the past that the mere appearance of a noise penalty clause in the regulations, coupled with a noise check at the start of a rally ... ...
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Equal helpings: the desire for cost-efficiency is the principal reason why business units decide to share non-core services, but managing the cost of shared services creates a number of accounting and administrative challenges. Ernest Glad explains the intricacies of transfer pricing and its effect on the general ledger.
... ... * penalty clauses; ... * the duration of the SLA and notice periods for both ... If a penalty clause is invoked, this must be taken into consideration in the chargeable ... ...
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