penalty 音标拼音: [p'ɛnəlti]
n . 刑法,处罚,惩罚,体罚
刑法,处罚,惩罚,体罚
penalty 惩罚;(性能等的)损失
penalty 惩罚
penalty n 1 :
the act of punishing [
synonym : {
punishment }, {
penalty },
{
penalization }, {
penalisation }]
2 :
a payment required for not fulfilling a contract 3 :
the disadvantage or painful consequences of an action or condition ; "
neglected his health and paid the penalty " [
ant :
{
advantage }, {
reward }]
4 : (
games )
a handicap or disadvantage that is imposed on a competitor (
or a team )
for an infraction of the rules of the game Penalty \
Pe "
nal *
ty \,
n .;
pl . {
Penalties }. [
F .
p ['
e ]
nalit ['
e ].
See {
Penal }.]
1 .
Penal retribution ;
punishment for crime or offense ;
the suffering in person or property which is annexed by law or judicial decision to the commission of a crime ,
offense ,
or trespass .
[
1913 Webster ]
Death is the penalty imposed . --
Milton .
[
1913 Webster ]
2 .
The suffering ,
or the sum to be forfeited ,
to which a person subjects himself by covenant or agreement ,
in case of nonfulfillment of stipulations ;
forfeiture ;
fine .
[
1913 Webster ]
The penalty and forfeit of my bond . --
Shak .
[
1913 Webster ]
3 .
A handicap . [
Sporting Cant ]
[
1913 Webster ]
Note :
The term penalty is in law mostly applied to a pecuniary punishment .
[
1913 Webster ]
{
Bill of pains and penalties }.
See under {
Bill }.
{
On penalty of },
or {
Under penalty of },
on pain of ;
with exposure to the penalty of ,
in case of transgression .
[
1913 Webster ]
98 Moby Thesaurus words for "
penalty ":
abatement ,
acquittal ,
agio ,
allowance ,
amercement ,
bank discount ,
breakage ,
burden ,
burthen ,
cargo ,
cash discount ,
castigation ,
chain discount ,
charge ,
charge -
off ,
chastening ,
chastisement ,
concession ,
condemnation ,
condign punishment ,
correction ,
cross ,
cumbrance ,
cut ,
deadweight ,
decision ,
deduction ,
depreciation ,
deserts ,
difficulty ,
disadvantage ,
disciplinary measures ,
discipline ,
discount ,
drawback ,
embarrassment ,
encumbrance ,
ferule ,
fine ,
forfeit ,
freight ,
hamper ,
handicap ,
impediment ,
impedimenta ,
imposition ,
imprisonment ,
incarceration ,
inconvenience ,
infliction ,
judgment ,
judicial punishment ,
kickback ,
landmark decision ,
load ,
lumber ,
mulct ,
nemesis ,
onus ,
pack ,
pains ,
pains and punishments ,
pay ,
payment ,
penal retribution ,
penalty clause ,
penance ,
penology ,
percentage ,
premium ,
price ,
price reduction ,
price -
cut ,
punishment ,
punition ,
rebate ,
rebatement ,
reduction ,
refund ,
retribution ,
retributive justice ,
rollback ,
salvage ,
scourge ,
sentence ,
setoff ,
tare ,
time discount ,
trade discount ,
tret ,
trouble ,
underselling ,
verdict ,
weight ,
well -
deserved punishment ,
what -
for ,
white elephant ,
write -
off PENALTY ,
contr .
A clause in an agreement ,
by which the obligor agrees to pay a certain sum of money ,
if he shall fail to fulfill the contract contained in another clause of the same agreement .
2 .
A penal clause in an agreement supposes two obligations ,
one of which is the primitive or principal ;
and the other ,
is ,
conditional or accessory .
3 .
The penal obligation differs from an alternative obligation ,
for this is but one in its essence ;
while a penalty always includes two distinct engagements ,
and ,
when the first is fulfilled ,
the second is void .
When a breach has taken place ,
the obligee has his option to require the fulfillment of the first obligation ,
or '
the payment of the penalty ,
in those cases which cannot be relieved in equity ,
when the penalty is considered as liquidated damages .
Dalloz ,
Dict .
mots Obligation avec clause penale .
4 .
It is difficult ,
in many cases ,
to distinguish between a penalty and liquidated damages .
In general ,
the courts have inclined to consider the sum reserved by such agreement to be a penalty ,
rather than as stipulated damages . (
q .
v .)
5 .
The sum will be considered as a penalty ,
and not as liquidated damages ,
in the following cases :
1 .
When the parties to the agreement have expressly declared the sum to be a penalty ,
and no other intent is to be collected from the instrument .
2 Bos . &
P .
346 ;
1 H .
Bl .
227 ;
1 Pick .
45 1 ;
4 Pick .
179 ;
7 Wheat .
14 ;
3 John .
Cases ,
297 .
2 .
When from the form of the instrument ,
as in the case of a money bond ,
it is sufficiently clear a penalty was intended .
3 .
When it is doubtful whether the sum was intended as a penalty or not ,
and a certain damage or debt is made payable on the face of the instrument .
2 B . &
P .
350 ;
3 C . &
P .
240 .
4 .
When the agreement was evidently made for the attainment of another object ,
to which the sum ,
specified is wholly collateral ,
11 Mass .
76 ;
15 Mass .
488 ;
1 Bro .
C .
C .
418 ,
419 .
5 .
When the agreement contains several matters ,
of different degrees of importance ,
and yet the sum mentioned is payable for the breach of any ,
even the least .
6 Bing .
141 ;
5 Bing .
N .
C .
390 ;
7 Scott ,
364 .
6 .
When the contract is not under seal ,
and the damages may be ascertained and estimated ;
and this though the parties have expressly declared the sum to be as liquidated damages .
2B . &
Ald .
704 ;
6 B . &
C .
216 ;
4 Dall .
150 ;
5 Cowen ,
144 .
See 2 Greenl .
Ev .
258 .
1 Holt N .
P .
C .
43 1 Bing .
R .
302 ;
S .
C .
8 Moore ,
244 ;
4 Burr .
2229 .
6 .
The penalty remains unaffected ,
although the condition may have been partially performed ;
as in a case where the penalty was one thousand dollars ,
and the condition was to pay an annuity of one hundred dollars ,
which had been paid for ten years ;
the penalty was still valid .
5 Verm .
365 .
7 .
A distinction seems to be made in courts of equity between penalties and forfeitures .
In cases of forfeiture for the breach of any covenant other than a covenant to pay rent ,
relief will not be granted in equity ,
unless upon the ground of accident ,
fraud ,
mistake ,
or surprise ,
when the breach is capable of compensation .
Edin .
on Inj .
22 ;
16 Ves .
403 ;
S .
C .
18 Ves .
58 3 Ves .
692 ;
4 Bouv .
List .
n .
3915 .
8 .
By penalty is understood ,
also ,
the punishment inflicted by law for its violation ;
the term is mostly applied to a pecuniary punishment .
See 6 Pet .
404 ;
10 Wheat .
246 ;
1 Gall .
R .
26 ;
2 Gall .
R .
515 ;
1 Mason ,
R .
243 ;
3 John .
Cas .
297 :
R .
451 ;
15 Mass .
488 ;
7 John .
72 4 Mass .
433 ;
8 Mass .
223 ;
8 Com .
Dig .
846 ;
16 Vin .
Ab .
301 ;
1 Vern .
83 ,
n .;
1 Saund .
58 ,
n .;
1 Swans .
318 ;
1 Wash .
C .
C .
R .
1 ;
2 Wash .
C .
C .
R .
323 ;
Paine ,
C .
C .
R .
661 ;
7 Wheat .
13 .
See ,
generally ,
Bouv .
Inst .
Index ,
h .
t .
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