 | 1915 - 456 strani
...Monkland Iron Co. (1886) — there is a presumption (hut no more) that it is a penalty " when a single lump sum is made payable by way of compensation on...events, some of which may occasion serious and others but trifling damage " ; and of Lord Halsbury in the Clydesbank case (1905) — it is no obstacle to... | |
 | 1887 - 1004 strani
...ELPHEÍSTOSE v. MONKIAND IBÓN АЭТ> COAX Co. (я.) Penalty — Liquidated damages. When a »ingle lump sum is made payable by way of compensation, on the occurrence of one or more or all of eeofral events, some of which may occasion serious and others but trifling >lamage, the presumption... | |
 | Thomas Brett - 1891 - 822 strani
...meaning, they know by reason of the decided cases must bear a particular or special meaning." When one lump sum is made payable by way of compensation,...events, some of which may occasion serious and others but trifling damage, the presumption is that the parties intended the sum to be penal and subject to... | |
 | Norman Fetter - 1895 - 490 strani
...is but an extension of the principle, since the court will not sever the stipulations.11 (b) Where a lump sum is made payable by way of compensation on the occurrence of one or all of several events, some of which may occasion serious and others but trifling damage, the presumption... | |
 | Ontario. High Court of Justice - 1898 - 768 strani
...Cas. 332. In Willson v. Love, Lord Esher restated the rule in these terms, at p, 130 : " When a single lump sum is made payable by way of compensation on...events, some of which may occasion serious and others but trifling damage, the presumption is that the parties intended the sum to be penal, and subject... | |
 | James Bicknell, Edwin Ernest Seager - 1898 - 632 strani
...penalty : Astley v. Weldon, 2 B. &. P. 346 ; Kemble v. Farren, 6 Bing. 141 ; Re Newman, 4 Ch. D. 724. 2. Where one lump sum is made payable by way of compensation on the occurrence of one or all of several events, some serious and some trifling, the sum is a penalty : Elphinstone v. Monkland... | |
 | 1910 - 812 strani
...seems to be that where a sum is made payable by way of compensation on the happening of one or more of several events, some of which may occasion serious and others trifling damages, the presumption is that the parties intended the sum to be paid to be penal; but, where such... | |
 | Walter Ashburner - 1902 - 844 strani
...sum than the sum made payable as damages («). 2. " When a single slump sum," said Lord WATSON (o), " is made payable by way of compensation, on the occurrence...events, some of which may occasion serious and others but trifling damage, the presumption is that the parties intended the sum to be penal, and subject... | |
 | William Williamson Kerr - 1903 - 716 strani
...stipulations, the latter sum will be considered as a penalty, and not as liquidated damages (a). So also where one lump sum is made payable by way of compensation on the occurrence of any one of several events some of which may occasion serious and others trifling damage, the presumption... | |
 | Robert Frederick Norton, Robert Hay Dun, Digby Latimer Francis Koe - 1906 - 776 strani
...a penalty:" per AL Smith, LJ, StiicMand v. Williams, [1899] 1 Q, B. 382 at p. 384. " When a single lump sum is made payable by way of compensation on...events, some of which may occasion serious and others but trifling damage, the presumption is that the parties intended the sum to be penal and subject to... | |
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There is a presumption (but no more) that it is a penalty when a single lump sum is made payable by way of compensation on the occurrence of one or more or all of several events, some of which may occasion serious and others but trifling damage. 
