Meaning & use

liquidated damages

noun·Advancedlegallaw

Last updated

UK/ˌlɪkwɪdeɪtɪd ˈdæmɪdʒɪz/
US/ˌlɪkwədeɪtɪd ˈdæmɪdʒɪz/

Meaning

  1. nounplurallegallaw

    A sum of money that two parties agree in a contract will be paid if one of them breaks the agreement.

    Grammar: Plural in form and used with a plural verb: The liquidated damages are payable on demand.

    Patterns

    • liquidated damages for something
    • pay liquidated damages
    • a liquidated damages clause

    The building contract sets liquidated damages at $2,000 for each day the project is late.

    If the supplier misses the deadline, the buyer can claim liquidated damages.

    The judge enforced the liquidated damages clause because the amount was a genuine estimate of loss.

Common combinations

a liquidated damages clause
Read the liquidated damages clause before you sign the lease.
claim liquidated damages
The owner decided to claim liquidated damages after the delay.
pay liquidated damages
The contractor had to pay liquidated damages for the unfinished work.
liquidated damages for delay
The contract provides liquidated damages for delay in delivery.
enforce liquidated damages
Courts will enforce liquidated damages only if the figure is reasonable.

Synonyms and how they differ

penalty
Penalty is a broader word for any punishment for breaking a rule; liquidated damages are a specific contract amount meant to cover loss, not to punish.
compensation
Compensation is money paid to make up for a loss and can be decided by a court; liquidated damages are agreed on in advance by the parties.

Word family

liquidate verb
To close a business and sell its assets, or to pay off a debt.
liquidation noun
The process of closing a company and selling what it owns.

Commonly confused: liquidated damages or damages? liquidated damages or penalty clause?

liquidated damages vs damages

Damages is the general word for money a court orders someone to pay for harm; liquidated damages are a fixed amount already written into the contract.

liquidated damages vs penalty clause

A penalty clause punishes a breach and is often not enforced; a liquidated damages clause is meant to estimate real loss and is usually enforced.

Practice

The contract says the builder must pay $500 for every week the work is late. This money is called ______.

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