What are the consequences of a penalty clause in a personal injury case?
Alberta, Canada
The following excerpt is from Deer Valley Shopping Centre Ltd. v. Sniderman Radio Sales & Services Ltd., 1989 CanLII 3185 (AB QB):
If the clause if found to be a penalty, only the actual proven damages up to the agreed upon amount will be recoverable: Elsley v. Collins Ins. Agencies, supra.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the case law on fiduciary obligations of an individual in a personal injury case? (Alberta, Canada)
What are the consequences of a court awarding a lump sum award of costs in a personal injury case? (Alberta, Canada)
What is the test for “case splitting” in a personal injury case? (Alberta, Canada)
Is there a plaintiff in a personal injury case who pleads a certain amount in damages and then amend that prayer as and when the extent of the injuries is learned? (Alberta, Canada)
How has the court interpreted the definition of a personal injury policy in the context of personal injury claims? (Alberta, Canada)
What are the relevant considerations to a judge when deciding whether or not to order trial by jury in a personal injury case? (Alberta, Canada)
What is the case law on case-by-case privilege? (Alberta, Canada)
How has the trial judge determined the individual share of family expenses in a personal injury case? (Alberta, Canada)
In what circumstances will a judge review an order for a civil jury in a personal injury case? (Alberta, Canada)
What is the test for pleading guilty in a personal injury case? (Alberta, Canada)
