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Liquidated Damages vs Penalties

3 replies [Last post]
Gila El-Maayergy
User offline. Last seen 7 years 36 weeks ago. Offline
Joined: 27 Jun 2008
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Dear all,

What is the difference between penalty and liquidated damage with regards to identification of the termenology.

What is the difference in application of both LDs and Penalties in civil law and common law counttries?


Regards,
Gila

Replies

Andrew Flowerdew
User offline. Last seen 10 weeks 3 days ago. Offline
Joined: 14 Dec 2004
Posts: 960
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Hi Mike,

As far as delay and disruption is concerned I seem to end up spending a large amount of time keeping up with cases in the UK and abroad. It’s nearly a full time job on its own!

A subscription to Building Law Reports and LexisNexis helps though as does signing up to countless free law update services given by various companies - hence I have alot of the website links on various topics. Usually updates come by email, save the email and they always seem to come in handy one day!

I think, bet I’ll be proved wrong, but I believe I have downloaded and have on my computer,(and sadly read), every UK extension of time case since Holme v Guppy ,(ok not strictly an extension of time case), in 1838 plus a few unreported cases care of a few friends in the legal profession.

Not quite such an extensive database around the rest of the world although I’ve probably got the most important cases from the rest of the common law world.

Hey, failing that Google usually comes up with something - always worth a try.

For recent cases in the Uk ,(although some old cases are on the site) - http://www.bailii.org

My collection is probably just a sad reflection on the amount of time I’ve been dealing with EoT cases!
Mike Testro
User offline. Last seen 1 week 2 days ago. Offline
Joined: 14 Dec 2005
Posts: 4413
Hi Andrew

Do you have a bottomless database of case law references?

I only ask because I am very impressed.

Best regards

Mike Testro

PS I worked with Lorne for a year or two in the early 90’s.
Andrew Flowerdew
User offline. Last seen 10 weeks 3 days ago. Offline
Joined: 14 Dec 2004
Posts: 960
Groups: None