David Kastrup wrote: [...] > > "Nominal charges are _exactly_ used when a party would have the right to > > claim _actual_ damages rather than _contractual_ damages." > > > > which is utter crapola. > > Perhaps "contractual penalties" gives a better view?
But penalties are not damages you idiot. Damages are the loss suffered by the non-breaching party in the event of a breach. The contract laws recognize a concept called "efficient breach" which encourages breach of a contract if it's economically efficient to do so. Compliance with a contract is almost always voluntary -- if you choose not to comply, then you don't have to. You merely have to compensate the non-breaching party for his expectancy interest (pay contractual damages). Penalties are oppressive in nature and serve the purpose of deterring the party labouring under the threat of their imposition from breaching the contract. "Courts are reluctant to enforce penalty clauses and in such cases the sum stipulated is normally reduced. It has been perceptively observed by Fansworth that in comparison to the bargaining power which parties enjoy in negotiating their substantive contractual rights and duties, their power to bargain over their remedial rights is surprisingly limited. They are not at liberty to name an extravagant sum having no relation to the breach, for fear of it being construed as a penalty. It is interesting to contrast this with the law relating to consideration. A man may sell his car for a handful of marbles, and the law cares not, as long as he is satisfied. Yet the law would give no peace to a man who claims ten thousand rupees for failure to deliver a handful of marbles, branding such a clause penal." > > > Both "actual damages" and "nominal damages" are "contractual damages" > > silly. > > If they are not specified in the contract, they are not contractual. Go to doctor, dak. regards, alexander. -- http://gng.z505.com/index.htm (GNG is a derecursive recursive derecursion which pwns GNU since it can be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards too, whereas GNU cannot.) _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
