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Example of penalty

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Example of penalty

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An example of a penalty clause would be a clause that is written into some types of loans. If a person pays off their loan early, the company actually gets less money overall, so sometimes they add a penalty to make up the difference.

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The clause that says that all apples should be mashed before being eaten, on penalty of DEATH

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You read the clause. If it was properly written, it will tell you exactly how the bonus/penalty is to be calculated. The contract may even include examples.

In contractual terms, a penalty clause is specifically there to encourage the other party to finish the contract, and to punish that party if there is a breach. Penalty clauses are not calculated with respect to a genuine estimate of the losses that will be incurred by the contracting party. If there is a genuine attempt to estimate damages, and you agree to them, it is called liquidated damages. The courts will ignore a penalty clause because it is unfair, and calculate the actual damage you cause the other party.

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No.

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