konventionalbod

English translation: liquidated damages (enforceable); a contract penalty (unenforceable)

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Danish term or phrase:konventionalbod
English translation:liquidated damages (enforceable); a contract penalty (unenforceable)
Entered by: Charlesp

10:19 Jul 2, 2006
Danish to English translations [PRO]
Law/Patents - Law: Contract(s)
Danish term or phrase: konventionalbod
a contract clause.

conventional penalty seems to simple...
Charlesp
Sweden
Local time: 21:28
liquidated damages (enforceable); a contract penalty (unenforceable)
Explanation:
Eurodicautom also features a penalty clause and - foolishly - 'liquitated' damages.

NB. In Brit./ US? Common Law, a contract penalty is strictly unenforceable and will NOT be upheld by the UK courts. Liquidated damages, if a genuine pre-estimate of loss, will be. That is why a lot of legally qualified translators will not, on principle, use penalty as this may make the clause a dodgy strategy.

But I am sure you already know this as first-year contract law undergraduate stuff!

Subject Public Administration - Private Administration - Offices (AD) Law - Legislation - Jurisprudence (JU)

(1) TERM konventionalbod
Reference HHK
Definition a fixed sum agreed upon at the outset of a contractual arrangement,as the proper compensation to be paid to the injured party in the event of breach

Reference ICID
(1)
TERM liquitated damages

Reference ICID


Selected response from:

Adrian MM. (X)
Local time: 21:28
Grading comment
Yes Tom - you are precisley correct!
4 KudoZ points were awarded for this answer



Summary of answers provided
4agreed penalty
Don Spade (X)
4liquidated damages (enforceable); a contract penalty (unenforceable)
Adrian MM. (X)
4penalty
Anette Jakobsen


Discussion entries: 1





  

Answers


12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
agreed penalty


Explanation:
This is the translation given in Helle Pals Frandsen's "Juridisk Ordbog".

Don Spade (X)
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 11
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5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
{en} konventionalbod
liquidated damages (enforceable); a contract penalty (unenforceable)


Explanation:
Eurodicautom also features a penalty clause and - foolishly - 'liquitated' damages.

NB. In Brit./ US? Common Law, a contract penalty is strictly unenforceable and will NOT be upheld by the UK courts. Liquidated damages, if a genuine pre-estimate of loss, will be. That is why a lot of legally qualified translators will not, on principle, use penalty as this may make the clause a dodgy strategy.

But I am sure you already know this as first-year contract law undergraduate stuff!

Subject Public Administration - Private Administration - Offices (AD) Law - Legislation - Jurisprudence (JU)

(1) TERM konventionalbod
Reference HHK
Definition a fixed sum agreed upon at the outset of a contractual arrangement,as the proper compensation to be paid to the injured party in the event of breach

Reference ICID
(1)
TERM liquitated damages

Reference ICID




Example sentence(s):
  • The Legal Term * Liquidated Damages * Defined & Explained.

    Reference: http://www.lectlaw.com/def/l045.htm
Adrian MM. (X)
Local time: 21:28
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 99
Grading comment
Yes Tom - you are precisley correct!
Login to enter a peer comment (or grade)

71 days   confidence: Answerer confidence 4/5Answerer confidence 4/5
penalty


Explanation:
My suggestion

Anette Jakobsen
Denmark
Local time: 21:28
Specializes in field
Native speaker of: Native in DanishDanish
Login to enter a peer comment (or grade)



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