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Posted by / 10-Feb-2021 05:13

The sole purpose of liquidated damages is to provide a method for calculating damages that would be difficult to prove otherwise.

When liquidated damages aren't proportionate to the real or anticipated loss, the courts can decide they are a penalty.

Typically, civil codes are based on the Napoleonic Code, which allows contracts to be enforced through the use of penalties.There are several factors the courts can use to decide if the penalties are excessive and should be reduced: If you need help understanding liquidated damages vs.penalty, you can post your legal needs on Up Counsel's marketplace.Up Counsel accepts only the top 5 percent of lawyers to its site.Lawyers on Up Counsel come from law schools such as Harvard Law and Yale Law, and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

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Penalty clauses that are allowed in civil jurisdictions would not be enforceable as liquidated damages in jurisdictions that use a common law approach.

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