mike23 Sep 20, 2016:

http://www.proz.com/kudoz/english_to_polish/law_contracts/52...
http://www.proz.com/kudoz/english_to_polish/law_contracts/48...
http://www.proz.com/kudoz/english_to_polish/law_contracts/34...
http://www.proz.com/kudoz/polish_to_english/law_contracts/28...


http://www.kancelaria-consulta.pl/kara-umowna-czy-odszkodowa...
http://lexplay.pl/artykul/Prawo-Umow/Kara-umowna-i-odszkodow...
http://najemwgaleriach.pl/odszkodowanie-przewyzszajace-wysok...

mike23 Sep 20, 2016:

Dobry link. Dzięki
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A penalty is a sum that is disproportionate to the actual harm. It serves as a punishment or as a deterrent against the breach of a contract. Penalties are granted when it is found that the stipulations of a contract have not been met. For example, a builder who does not meet his or her schedule may have to pay a penalty. Liquidated damages, on the other hand, are an amount estimated to equal the extent of injury that may occur if the contract is breached. These damages are determined when a contract is drawn up, and serve as protection for both parties that have entered the contract, whether they are a buyer and a seller, an employer and an employee or other similar parties.The principle of requiring payments to represent damages rather than penalties goes back to the Equity courts, where its purpose was to protect parties from making Unconscionable bargains or overreaching their boundaries. Today section 2-718(1) of the Uniform Commercial Code deals with the difference between a valid liquidated damages clause and an invalid penalty clause.
http://legal-dictionary.thefreedictionary.com/Liquidated Dam...

legato Sep 20, 2016:

"A Dictionary of Modern Legal Usage": Liquidated damages: originally a EUPHEMISM for forfeiture or penalty, has, in many jurisdictions, become a TERM OF ART distinguishable from those other terms. "Liquidated damages" applies when the parties to a contract have agreed in advance on the measure of damages to be assessed in the event of default. It should be distinguished from "forfeiture" or "penalty," which involves a provision imposed as a threat of punishment rather than as a genuine estimate of damages upon default. [...]