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pen·al·ty /'pen-əl-tē/ n pl -ties1: a punishment that is imposed on a wrongdoer by statute or judicial decision2: a pecuniary sum that by agreement is to be paid by a party who fails to fulfill an obligation to another and that is punitive rather than compensatorythe court declined to enforce the contractual penalty and determined actual damages instead
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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I
noun
amercement, castigation, compulsory payment, cost, deprivation, disadvantage, disciplinary action, fine, forefeiture, forfeit, handicap, infliction, liability, loss, multa, onus, penal retribution, penance, poena, prescribed punishment, punishment, punishment fixed by law, punishment prescribed by law, reprisal, retributive justice, sconce, sentence
associated concepts: action for penalty, civil penalty, confiscatory penalty, criminal penalty, excessive penalty, penalty clause, penalty for forfeiture, subject to penalty
foreign phrases:
- Quod a quoque poenae nomine exactum est id eidem restituere nemo cogltur. — No one is compelled to restore that which has been exacted as a penalty.II index amercement, condemnation (punishment), conviction (rinding of guilt), correction (punishment), damages, disadvantage, discipline (punishment), expense (sacrifice), fine, forfeiture (thing forfeited), imposition (tax), infliction, punishment, reparation (indemnification), reprisal, retribution, sanction (punishment), sentence, surcharge, trover
Burton's Legal Thesaurus. William C. Burton. 2006
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If a provision of a contract which professes to fix damages that may be claimed if a relevant clause is breached amounts to a penalty for failure to comply, rather than a genuine pre-estimate of loss, it may be unenforceable.
Easyform Glossary of Law Terms. — UK law terms.
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n.A punishment.
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
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Punishment upon conviction of a crime, generally in the form of a monetary fine, forfeiture of property, or imprisonment.Category: Criminal LawCategory: Small Claims Court & Lawsuits
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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A clause in a contract which provides for a fixed or pre-determined amount to be payable on breach of contract may be recoverable as liquidated damages. However if the amount payable is not a genuine pre-estimate of loss it will be a penalty and void. For example, in the context of a default interest provision in a contract, if a court could construe the rate of interest as excessive it may be held invalid as a penalty.Related links
Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010.
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A punitive measure that the law imposes for the performance of an act that is proscribed, or for the failure to perform a required act.
Dictionary from West's Encyclopedia of American Law. 2005.
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A punitive measure that the law imposes for the performance of an act that is proscribed, or for the failure to perform a required act.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
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n.1) in criminal law, a money fine or forfeiture of property ordered by the judge after conviction for a crime.2) an amount agreed in advance if payment or performance is not made on time, such as a "late payment" on a promissory note or lease, or a financial penalty for each day a building contractor fails to complete a job.
Law dictionary. EdwART. 2013.
