do they mean the same?

[Hanka]

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

 

[apex2000]

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.