9. Questions on penalty clauses.docx

9. Questions on penalty clauses.docx - QUESTIONS ON PENALTY...

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QUESTIONS ON PENALTY CLAUSES Read the Conventional Penalties Act and what your textbook says on this Act and answer the following questions. Questions 8, 9 and 10 require reading of s 51 of the CPA and reg 44(3)(q) and (r) of the CPA Regulations. If you cannot answer any of these questions, please ask me in class. 1. What is the definition of a penalty under the Act? 2. Does it include forfeiture clauses? (by which the breaching party forfeits / loses her performance made to the aggrieved party, so that the aggrieved party does not have to make restitution thereof) 3. Advise a breaching party on her possible remedies when she feels that the penalty is unfairly high. Who bears the burden of proof in this regard? 4. Are only patrimonial / proprietary interests taken into account when the court considers
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  • Fall '16
  • Law, Penalty, Consumer Protection Act, penalty clauses, Conventional Penalties Act

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