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In sections 15 to 32 and 48 of the Criminal Law Act 1977, the expression "fine" includes any pecuniary penalty. [ 13 ] In England, there is now a system whereby the court gives the offender a 'fine card', which is somewhat like a credit card ; at any shop that has a paying-in machine, he pays the value of the fine to the shop, which then uses ...
The law relating to contractual penalties in England has been entirely developed by judges at common law without general statutory intervention. The Supreme Court has noted that "[t]he penalty rule in England is an ancient, haphazardly constructed edifice which has not weathered well".
Obtaining pecuniary advantage by deception [1] was formerly a statutory offence in England and Wales and Northern Ireland. It was replaced with the more general offence of fraud by the Fraud Act 2006. The offence still exists in certain other common law jurisdictions [2] which have copied the English criminal model.
Other than pecuniary damages, which is the most common type of damages recovered, there are a few other recognizable types of damages under English law, and still others that have their validity subject to ongoing debate: Injured feelings and disappointment; Injured reputation; Speculative damages; Liquidated damages and penalty; Quantum meruit [4]
Under common law, a liquidated damages clause will not be enforced if the purpose of the term is solely to punish a breach (in this case it is termed penal damages). [23] The clause will be enforceable if it involves a genuine attempt to quantify a loss in advance and is a good faith estimate of economic loss.
In English common law, the fiduciary relation is an important concept within a part of the legal system known as equity. In the United Kingdom, the Judicature Acts merged the courts of equity (historically based in England's Court of Chancery ) with the courts of common law, and as a result the concept of fiduciary duty also became applicable ...
The term is of Anglo-Norman origin (Law French, from French, from Latin), and literally means "being at the mercy of": a-merce-ment (English mercy is cognate). While it is often synonymous with a fine , it differs in that a fine is a fixed sum prescribed by statute and was often voluntary, while an amercement is arbitrary.
An administrative law judge or hearing officer may oversee the proceedings and render a judgment. In some cases, a civil penalty may be supplemented by other legal process, including administrative sanctions or even criminal charges, and their respective appeals.