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In contractual terms what is the difference between Liquidated Damages and Penalty?

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Question ajoutée par Ravi Kumar Padnavis , Deputy General Manager , Larsen & Toubro Limited
Date de publication: 2015/10/27
girish hassan
par girish hassan , Mid Management to Senior Management to Top Management , Company in Middle East and India. Please refer to detailed resume

Liquidated Damage is a mutually agreed fixed amount against specified breach of contract; in other words, it is compensating the injured party with a pre-estimated amount of loss. Penalty is an amount, levied on the Party in violation, as a punishment. Liquidated damage is legally enforceable but not a penalty, though some tend to contradict this.

Sabarish RG
par Sabarish RG , Senior Executive , Cognizant Technology Solutions

Penalty is undefined and charged adhoc, where as Liquidated Damages are defined and agreed and compensated closer to actual loss suffered

Motlaq AL-Harbi
par Motlaq AL-Harbi , Contract and Category Manager , Maaden Phosphate Company

Briefly, both are meant to impose obligations on contractors in event of breach, but penalty are less common nowadays. this is due to some laws/countries  consider it as not enforceable and employer shouldn't make profit out of it. while liquidated damages meant to recover incurred loses reasonably. 

you can consider it as penalty if amount payable (contractor obligation) is higher/greater than the losses or should have to pay. 

 

 

Gayasuddin Mohammed
par Gayasuddin Mohammed , Advocate , Practicing Law before High Court at Hyderabad

Liquidated damages are the damage caused due to the breach of contract or not honoring/performing the contract, which can be ascertained based on the contractual terms and conditions which were agreed in the contract by both the parties.

Penalty is the punishment for breach of contract or non performance or violation of the contract as agreed.

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