LIQUIDATED DAMAGES , ACTUAL DAMAGESMccormick, Clark R
英国法管辖下的英文合同中违约金条款（LiquidatedDamages，LD）非常常见，在并购交易、建筑、货物买卖、服务...
Provisions regarding liquidated damagesWhen are liquidated damages really a penalty?Are actual damages an option?Can liquidated damages be recovered if it ... D Chappell - John Wiley & Sons, Ltd 被引量: 1发表: 2008年 Liquidated Damages: The "Do's and Don'ts" from an Owners Perspective In...
所以如果将英文合同中的“liquidated damages”翻译成中文时，可以翻译为“约定损害赔偿金”，而且最好加...
民事赔偿责任可产生于合同、侵权等领域。其秉承的原则是“有多少损害,赔偿多少”,既要让受害人填平损失,又不能让受害人由此获利。在实际民事诉讼中,民事赔偿责任(civil liability for damages)主要有以下几种:actual damages 实际损害赔偿对实际伤害或损失给予的赔偿。它既指损害赔偿的类型,也指损害可......
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 aspecific contract clauseto cover circumstances where ...
liquidated damages:an amount contractually stipulated as a reasonable estimation of actual damages to be recovered by one party if the other party breaches. 2.Thedistionction between a penalty and geneuine liquidated damages is not always easy to apply, but the court have made the task simpler ...
to estimate actual damages, rather than to penalize the party for breach by awarding "damages" ...
These general damages can be referred to as "unliquidated damages", meaning that the parties did not agree in advance the level of damages to be recovered. The complexity of engineering and construction contracts means that it is often very difficult to assess actual or general damages, ...
If one of the parties breaches the contract, it will pay the liquidated damages to the other, injured party. However, liquidated damages are usually only applicable to contractual agreements, and are different from punitive or actual damages. ...