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The Dutch district court upheld Jahani BV's claims. The Regional Court of Appeal referred the question to the European Court of Justice (ECJ), asking (1) did the tenancy fall within the Directive's scope, (2) was the national court itself obliged to determine if the contract term was unfair and annul the term under art 6, (3) could it mitigate the penalty or disapply the clause as a whole?
United States (312 F.2d 418 (Ct. Cl. 1963), cert. denied, 375 U.S. 954, 84 S.Ct. 444) is a 1963 United States Federal Acquisition Regulation (FAR) court case which has become known as the Christian Doctrine. The case held that standard clauses established by regulations may be considered as being in every Federal contract.
Judges may adjust excessive contract penalties, but such clauses are not generally void as a matter of French law. [19] Article 420-1 of the Civil Code of Japan provides an even firmer basis to uphold contractual penalties: [20] The parties may agree on the amount of the liquidated damages with respect to the failure to perform the obligation.
The high court agreed that government had violated the "Takings Clause" of the Fifth Amendment of the U.S. Constitution, which prohibits the government seizure of private property "without just ...
FAR 12.401 allows contracts for commercial items to be tailored to a great extent, therefore deviating in many particulars from the mandatory clause language. See also FAR 12.211, Technical Data; FAR 12.212, Computer Software; FAR 12.213, Other Commercial Practices for additional authority to deviate or "tailor" FAR clauses and provisions in ...
Cavendish Square Holding BV v Talal El Makdessi [2015] UKSC 67, together with its companion case ParkingEye Ltd v Beavis, are English contract law cases concerning the validity of penalty clauses and (in relation to ParkingEye Ltd v Beavis) the application of the Unfair Terms in Consumer Contracts Directive (as implemented in the UK by, at the time, the Unfair Terms in Consumer Contracts ...
Binder – In law, a binder (also known as an agreement for sale, earnest money contract, memorandum of sale, or contract to sell) is a short-form preliminary contract in which the purchaser agrees to buy and the seller agrees to sell certain real estate under stated terms and conditions, usually in the form of a purchase offer, and is ...
The most serious penalty that Boeing could face is by far the least likely – it could be barred from federal government contracts due to its guilty plea. And that could conceivably force the ...