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  1. #1
    Hanka is offline Senior Member
    Join Date
    Jul 2005
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    928

    do they mean the same?

    Hi,

    could you please tell me whether the following sentences mean the same:

    1) In case of breach of an obligation for which a contractual penalty is stipulated, the injured party shall be entitled to claim damages in the amount by which the damages exceed the amount of the contractual penalty.

    2) In case of breach of an obligation for which a contractual penalty is stipulated, the injured party shall be entitled to claim damages in the amount exceeding the contractual penalty.

    Thanks a lot!

    Hanka

  2. #2
    apex2000's Avatar
    apex2000 is offline Senior Member
    • Member Info
      • Member Type:
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      • English
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    Join Date
    Nov 2005
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    785

    Re: do they mean the same?

    Not quite, because unless read by a solicitor there may be misunderstanding. Whilst they produce the same result, No. 1 should be used for clarity.

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