liquidated damages

简明释义

违约金

英英释义

例句

1.The contract specifies that if the project is delayed, the contractor will owe the client liquidated damages 违约金 of $500 per day.

合同规定，如果项目延迟，承包商将每天向客户支付违约金 liquidated damages 500美元。

2.The court upheld the provision for liquidated damages 违约金 in the contract, confirming it was reasonable.

法院支持合同中的违约金 liquidated damages 条款，确认其合理性。

3.The company included a clause for liquidated damages 违约金 to protect against late deliveries.

公司包括了一项关于违约金 liquidated damages 的条款以防止延迟交货。

4.In the event of a breach, the seller must pay liquidated damages 违约金 as outlined in the agreement.

在违约的情况下，卖方必须按照协议支付违约金 liquidated damages。

5.After the construction delay, the owner was entitled to claim liquidated damages 违约金 as compensation.

在施工延迟后，业主有权要求索赔违约金 liquidated damages作为补偿。

作文

In the realm of contract law, the term liquidated damages refers to a predetermined amount of money that one party agrees to pay to another in the event of a breach of contract. This concept is crucial because it provides clarity and certainty for both parties involved in the agreement. By specifying the amount of liquidated damages in advance, the parties can avoid lengthy and costly litigation if one party fails to fulfill their obligations. The rationale behind liquidated damages is to estimate the potential losses that might occur due to a breach. For example, consider a construction contract where a contractor agrees to complete a project by a specific date. If the contractor fails to meet this deadline, the client may suffer financial losses, such as lost revenue or increased costs from having to hire another contractor to finish the job. By including a clause for liquidated damages in the contract, both parties acknowledge these potential losses and agree on a reasonable compensation amount in advance. However, it is important to note that liquidated damages must be reasonable and not punitive. Courts generally uphold liquidated damages clauses as long as they reflect a genuine attempt to estimate the anticipated harm resulting from a breach. If a court deems the amount excessive or punitive, it may refuse to enforce the clause, leading to uncertainty and additional disputes. Therefore, when drafting contracts, it is essential to carefully consider the amount set for liquidated damages to ensure it is justifiable and aligns with the actual potential losses. Furthermore, liquidated damages serve as a deterrent against breaches of contract. Knowing that there are financial consequences for failing to adhere to the terms of the agreement encourages parties to fulfill their obligations diligently. This aspect is particularly significant in industries where time is of the essence, such as construction, real estate, and event planning. In these sectors, delays can lead to significant financial repercussions, and the presence of liquidated damages emphasizes the importance of timely performance. In conclusion, the concept of liquidated damages plays a vital role in contract law by providing a clear framework for addressing breaches. It allows parties to quantify potential losses, encourages compliance with contractual obligations, and minimizes the likelihood of disputes arising from breaches. Understanding and effectively incorporating liquidated damages into contracts can lead to more successful and harmonious business relationships, ultimately benefiting all parties involved. As such, it is essential for anyone engaged in contractual agreements to grasp the significance of liquidated damages and to approach their implementation with careful consideration and foresight.

在合同法的领域中，术语liquidated damages指的是一方同意在另一方违约时支付的预定金额。这一概念至关重要，因为它为合同双方提供了明确性和确定性。通过提前规定liquidated damages的金额，双方可以避免在一方未能履行其义务时进行漫长而昂贵的诉讼。liquidated damages的基本原理是估算因违约可能发生的损失。例如，考虑一个建筑合同，其中承包商同意在特定日期之前完成项目。如果承包商未能满足这一截止日期，客户可能会遭受财务损失，例如失去收入或因必须雇用另一位承包商来完成工作而增加的成本。通过在合同中包含liquidated damages条款，双方承认这些潜在损失，并提前就合理的赔偿金额达成一致。然而，需要注意的是，liquidated damages必须是合理的，而不是惩罚性的。法院通常会支持liquidated damages条款，只要它们反映出对违约所导致的预期损害的真实估计。如果法院认为金额过高或具有惩罚性，它可能会拒绝执行该条款，从而导致不确定性和额外争议。因此，在起草合同时，仔细考虑设定的liquidated damages金额以确保其合理并与实际潜在损失相符是至关重要的。此外，liquidated damages还作为对违约行为的威慑。知道未能遵守合同条款会带来财务后果，促使各方认真履行其义务。这一方面在时间至关重要的行业中尤为重要，例如建筑、房地产和活动策划。在这些行业中，延误可能导致重大财务影响，而存在liquidated damages条款则强调了及时履行的重要性。总之，liquidated damages的概念在合同法中发挥着重要作用，通过提供解决违约的清晰框架。它允许合同双方量化潜在损失，鼓励遵守合同义务，并最小化因违约而引发争议的可能性。理解并有效地将liquidated damages纳入合同可以促进更成功和和谐的商业关系，最终使所有相关方受益。因此，任何参与合同协议的人都应理解liquidated damages的重要性，并以谨慎的考虑和前瞻性来处理其实施。