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Liquidated Damages vs Penalties

Gila El-MaayergyMember for 18 years 3 months
Created
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Dear all,

What is the difference between penalty and liquidated damage with regards to identification of the termenology.

What is the difference in application of both LDs and Penalties in civil law and common law counttries?


Regards,
Gila

3 replies

Oldest first
  1. 0
    Andrew Flowerdew ·
    http://www.alway-associates.co.uk/legal-update/article.asp?id=82
  2. 0
    Mike Testro ·
    Hi Andrew

    Do you have a bottomless database of case law references?

    I only ask because I am very impressed.

    Best regards

    Mike Testro

    PS I worked with Lorne for a year or two in the early 90’s.
  3. 0
    Andrew Flowerdew ·
    Hi Mike,

    As far as delay and disruption is concerned I seem to end up spending a large amount of time keeping up with cases in the UK and abroad. It’s nearly a full time job on its own!

    A subscription to Building Law Reports and LexisNexis helps though as does signing up to countless free law update services given by various companies - hence I have alot of the website links on various topics. Usually updates come by email, save the email and they always seem to come in handy one day!

    I think, bet I’ll be proved wrong, but I believe I have downloaded and have on my computer,(and sadly read), every UK extension of time case since Holme v Guppy ,(ok not strictly an extension of time case), in 1838 plus a few unreported cases care of a few friends in the legal profession.

    Not quite such an extensive database around the rest of the world although I’ve probably got the most important cases from the rest of the common law world.

    Hey, failing that Google usually comes up with something - always worth a try.

    For recent cases in the Uk ,(although some old cases are on the site) - http://www.bailii.org

    My collection is probably just a sad reflection on the amount of time I’ve been dealing with EoT cases!

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