 Where articles contain covenants for the performance of several things, and then one large sum is stated at the end to be paid upon *breach of performance, that must be considered as a penalty ; but where it is agreed that, if a party do such a particular...  A Digest of the Laws of England - Էջ 363Sir John Comyns - 1822Ամբողջությամբ դիտվող - Այս գրքի մասին
 | Great Britain. Court of Chancery, William Brown - 1819 - 600 էջ
...made payable upon the face of the same instrument, it should then be construed to be a penalty; that where articles contain covenants for the performance...then one large sum is stated at the end to be paid upon breach of performance, that must be considered as apenalty. Lord Eldon also reprobated the principle... | |
 | Henry Maddock - 1820 - 788 էջ
...difficult in many cases to say what is to be considered as a Penalty, and what liquidated damages. Where articles contain covenants for the performance...then one large sum is stated at the end to be paid upon breach of performance, that must be considered as a Penalty ; but where it is agreed that if a... | |
 | Robert Henley Eden Baron Henley - 1821 - 514 էջ
...payable upon the face of the same instrument, it should then be construed to be a penalty: so also where articles contain covenants for the performance...then one large sum is stated at the end, to be paid upon breach of performance; but the argument, that if the sum would be disproportionately large as... | |
 | William Woodfall - 1822 - 722 էջ
...forfeiture incurred by breach of a covenant to lay out a specific sum in repairs in a given time (c). Where articles contain covenants for the performance...then one large sum is stated at the end to be paid upon breach of performance, that must be considered as a penalty. But where it is agreed that if a... | |
 | Sir Charles Harcourt Chambers - 1823 - 1084 էջ
...which has occurred is, whether such a sum should be considered as a penalty, or as liquidated damages. Where articles contain covenants for the performance...and then one large sum is stated at the end to be payable on the breach of performance, it has been thought that it ought to be considered as a penalty.... | |
 | Samuel Comyn - 1824 - 680 էջ
...secured by a larger, it must always be considered as a penalty, and not as liquidated damages. So, where articles contain covenants for the performance...performance, that must be considered as a penalty. (/<) So, where a doubt is stated whether the sum inserted be intended as a penalty or not, if a certain... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - 1826 - 768 էջ
...GEO. IV. Justice Heath there stated, that (a), " it might be laid down a* a general principle, that where articles contain covenants for the performance...then' one large sum is stated at the end to be paid upon breach of performance, that must be considered as a penalty: but that, where it is agreed, that... | |
 | 1827 - 932 էջ
...considered as a penalty; and Mr. Justice Heath is reported to have laid down this principle, that " where articles contain covenants for the performance...then one large sum is stated at the end to be paid upon breach of performance, that must be considered as a penalty." If that principle be correct, it... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - 1830 - 846 էջ
...general stipulation for liquidated damages in terms as strong as the present, and Heath J. said, " Where articles contain covenants for the performance...then one large sum is stated at the end to be paid upon breach of performance, that must be considered as a penalty. But where it is agreed that if a... | |
 | John Simcoe Saunders - 1831 - 598 էջ
...any general principles in cases of this kind ; but I think there is one which may be safely stated. Where articles contain covenants for the performance of several things, and then one large r*1501 sum is stated at the end to be paid upon *breach of performance, that must be considered as... | |
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