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Nei sistemi di common law il termine liquidated damages indica l’importo dei danni che viene predeterminato nel contratto e che uno dei contraenti, in caso di inadempimento ad una qualche sua obbligazione, si obbliga a pagare all’altro contraente a titolo di risarcimento.
- What Are Liquidated Damages?
- Understanding Liquidated Damages
- Example of Liquidated Damages
- Special Considerations
- The Bottom Line
Liquidated damages (LDs) are a sum of money specified in some contracts that are to be paid by one party to another as compensation for intangible losses. Liquidated damages are to be paid only if one of the parties to the contract is found to be in breach of contract. The liquidated damages clause covers events such as a missed deadline or a leake...
Liquidated damages are meant as a fair representation of losses in situations where actual damages are difficult to ascertain. In general, liquidated damages are designed to be fair, rather than punitive. Liquidated damages may be referred to in a specific contract clause to cover circumstances where a party faces a loss from assets that do not hav...
Liquidated damages provide compensation for losses that are difficult to measure with any degree of accuracy. For example, an agreement to purchase a home might include a clause that requires the buyer to forfeit the deposit if the deal fails to go through. Or, a contract between two companies might include liquidation damages if trade secrets or o...
The courts do not always enforce liquidated damages clauses. It may reject the clause if the monetary amount cited is extraordinarily disproportional to the real effects of the breach of contract. Such limitations prevent a plaintiff from attempting to claim an exorbitant amount from a defendant. For instance, a plaintiff might not be able to claim...
A liquidated damages clause is fairly common in contracts when one party has concerns about the possibility of losses caused by errors or misjudgments by the other party. These losses are by their nature difficult to estimate. They may be related to loss of potential sales, loss of reputation, or loss of competitive edge. In any case, the number at...
- Will Kenton
Liquidated damages, also referred to as liquidated and ascertained damages (LADs), are damages whose amount the parties designate during the formation of a contract for the injured party to collect as compensation upon a specific breach (e.g., late performance).
The inclusion of a liquidated damages clause in an Italian law contract has two main benefits for the contracting parties as: it limits the compensation to the agreed amount in case of breach of contract, and. it releases the creditor from proving the existence and amount of the loss suffered.
6 feb 2010 · La clausola penale sarà infine definita liquidated damages clause e non penalty clause. Il termine penalty infatti, individua nei paesi di common law una previsione contrattuale afflittiva e punitiva, non equa perché sproporzionata all’entità del danno conseguente all’inadempimento.
28 giu 2017 · Liquidated damages are damages that are included in a contract to compensate for a potential breach of the contract. This means that the party or parties who are injured by such a breach will be compensated for their injury. The exact amount of damages to be awarded is commonly stated in a liquidated damages clause, though
27 mar 2024 · Under Italian law contracts can include a liquidated damages clause (in Italian: “clausola penale”), which specifies a predetermined amount to be paid in case of breach or delay. This can either be a lump sum for the case of non performance, or an amount for each period of time (e.g. day or week) of delay.
