Meaning & use

penalty clause

noun·Advancedlegalbusiness

Last updated

UK/ˈpenəlti klɔːz/
US/ˈpenəlti klɔːz/

Meanings

  1. nouncountablelegalbusiness

    A part of a contract that says what one side must pay or lose if they break the agreement.

    Grammar: Countable; use a/an or the before it, and add -s for plural: penalty clauses.

    Patterns

    • include a penalty clause
    • a penalty clause in a contract
    • under the penalty clause

    The building contract includes a penalty clause if the work finishes late.

    She checked the penalty clause carefully before signing the loan agreement.

    Under the penalty clause, the supplier must pay $500 for every day of delay.

  2. nouncountablesportformal

    A rule in a sports or competition agreement that punishes a team or player for breaking the rules.

    Grammar: Countable; often used in formal rules or official documents.

    Patterns

    • a penalty clause in the rules
    • apply the penalty clause

    The league's penalty clause fines clubs that field ineligible players.

    The tournament rules contain a penalty clause for late withdrawals.

Word forms

pluralpenalty clauses

Common combinations

include a penalty clause
Most commercial leases include a penalty clause for early termination.
breach a penalty clause
If you breach a penalty clause, you may have to pay damages.
enforce a penalty clause
The court refused to enforce the penalty clause because it was too harsh.
a penalty clause in a contract
There is a penalty clause in the contract that covers missed deadlines.

Synonyms and how they differ

liquidated damages clause
A more technical legal term for a clause that sets a fixed sum for a breach; a penalty clause is often unenforceable, while a liquidated damages clause may be allowed.
fine print
Informal and broader; it means any small, important details in a contract, not specifically a penalty rule.

Word family

penalty noun
A punishment or money you must pay for breaking a rule or law.
penalize verb
To punish someone or make them suffer a disadvantage for breaking a rule.
penal adjective
Relating to punishment, especially in law.

Commonly confused: penalty clause or penalty kick?

penalty clause vs penalty kick

In sports, a penalty kick is a free shot at goal; a penalty clause is a written contract rule, not a play.

Practice

The contract says the builder must pay $200 for every week the project is late. This is an example of a ______.

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