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Hadley & Anor v Baxendale & Ors [1854] EWHC J70 is a leading English contract law case. It sets the leading rule to determine consequential damages from a breach of contract: a breaching party is liable for all losses that the contracting parties should have foreseen.
For example, a motorway construction contract may have an estimated finish date with a "penalty clause" for every day late; but provided that this date is realistic and the "penalty" is a reasonable approximation of loss, the clause will be valid. The validity of the clause will be advanced if there is an equivalent bonus for finishing early.
Penal damages are liquidated damages which exceed reasonable compensatory damages, making them invalid under common law.While liquidated damage clauses set a pre-agreed value on the expected loss to one party if the other party were to breach the contract, penal damages go further and seek to penalise the breaching party beyond the reasonable losses from the breach. [1]
Joinder in criminal law is the inclusion of additional counts or additional defendants on an indictment.In English law, charges for any offence may be joined in the same indictment if those charges are founded on the same facts or form or are a part of a series of offences of the same or a similar nature.
General Electric Co. v. Joiner, 522 U.S. 136 (1997), was a Supreme Court of the United States case between Robert Joiner and General Electric Co. that concerned whether the abuse of discretion standard is the correct standard an appellate court should apply in reviewing a trial court's decision to admit or exclude expert testimony. [1]
Under the plea settlement reached late Sunday, a $243 million fine that Boeing agreed to pay back in 2021 could be doubled to $487 million. ... Monday that the plea and penalties “will have ...
Judges may adjust excessive contract penalties, but such clauses are not generally void as a matter of French law. [19] Article 420-1 of the Civil Code of Japan provides an even firmer basis to uphold contractual penalties: [20] The parties may agree on the amount of the liquidated damages with respect to the failure to perform the obligation.
Penalties in English law are contractual terms which are not enforceable in the courts because of their penal character. [1] Since at least 1720 [2] it has been accepted as a matter of English contract law that if a provision in a contract constitutes a penalty, then that provision is unenforceable by the parties. However, the test for what ...