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Liquidated damages
Liquidated damagesBy this term is understood the fixed amount which a party to an agreement promises to pay to the other, in case he shall not fulfil some primary or principal engagement into which he has entered by the same agreement it differs from a penalty. RELATED TERMS-------------------------------------- Term 1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court. Party Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement. Agreement A verbal or written resolution of disputes. Promises Evidence. When a defendant has been arrested, he is frequently in duced to make confessions in consequence of promises made to him, that if he will tell the truth, he will be either discharged or favored: in such a case evidence of the confession cannot be received, because being obtained by the flattery of hope, it comes in so questionable a shape, when it is to be considered evidence of guilt, that no credit ought to be given to it. This is the principle, but what amounts to a promise is not so easily defined. Case 1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned Primary That which is first or principal; as primary evidence, or that evidence which is to be admitted in the first instance, as distinguished from secondary evidence, which is allowed only when primary evidence cannot be had. Principal 1) This word has several meanings. It is used in opposition to accessary, to show the degree of crime committed by two persons; thus, we say, the principal is more guilty than the accessary after the fact. 2) Contracts. One who, being competent to contract, and who is sui juris, employs another to do any act for his own benefit, or on his own account. 3) Criminal law. A principal is one who is the actor in the commission of a crime. Engagement This word is frequently used in the French law to signify not only a contract, but the obligations arising from a quasi contract. Penalty Contracts. A clause in an agreement, by which the obligor agrees to pay a certain-sum of money, if he shall fail to fulfil the contract contained in another clause of the same agreement. SIMILAR TERMS-------------------------------------- Liquidated That which is made clear, certain, and manifest; as, liquidated damages, ascertained damages liquidated debt, an ascertained debt, as to amount. A debt is liquidated when it is certain what is due, and how much is due, cum certum est an et quantum debeatur; for although it may appear that something is due, if it does not also appear how much is due, the debt is not liquidated. An unliquidated claim is one which one of the parties to the contract cannot alone render certain. Liquidation A fixed and determinate valuation of things which before were uncertain. Liquidation value The price that an owner is compelled to accept when a property must be sold without reasonable market exposure. Liquidator The liquidator is the person, other than the Official Receiver, responsible for dealing with the winding up of a company. PREVIOUS AND NEXT TERMS-------------------------------------- Lineal descendant A person who is a direct descendant such as a child to his or her natural parent. Lineal warranty Old English law. A warranty by the heir, when he derived title to the land warranted, either from or through, the ancestor who made the warranty. Liner A vessel habitually employed on a regular schedule and loading and discharging at specified ports. Liner terms Liner terms refer to the ordinary responsibility of the shipowner under a charterparty to control and pay for the loading, stowage, trimming and discharge of the cargo of the charterer. Liquidated That which is made clear, certain, and manifest; as, liquidated damages, ascertained damages liquidated debt, an ascertained debt, as to amount. A debt is liquidated when it is certain what is due, and how much is due, cum certum est an et quantum debeatur; for although it may appear that something is due, if it does not also appear how much is due, the debt is not liquidated. An unliquidated claim is one which one of the parties to the contract cannot alone render certain. Liquidated damages Liquidation A fixed and determinate valuation of things which before were uncertain. Liquidation value The price that an owner is compelled to accept when a property must be sold without reasonable market exposure. Liquidator The liquidator is the person, other than the Official Receiver, responsible for dealing with the winding up of a company. Lira The name of a foreign coin. In all computations at the custom house, the lira of Sardinia shall be estimated at eighteen cents and six mills. Act of March 22, 1846. The lira of the Lombardo-Venitian Kingdom, and the lira of Tuscany, at sixteen cents. Act of March 22, 1846. Lis A suit; an action; a controversy in court; a dispute. We thank you for using the Juridical Dictionary to search for Liquidated damages. If you have a better definition for Liquidated damages than the one presented here, please let us know by making use of the suggest a term option. This definition of Liquidated damages may be disputed by other professionals. Our attempt is to provide easy definitions on Liquidated damages and any other medical topic for the public at large.
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