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Sarah
can you explain this for me? in a more simple way?many thnaks. 1)may not be given effect to by a British Virgin Islands court, whether or not it was applying the Foreign Laws, if and to the extent they constitute the payment of an amount which is in the nature of a penalty and not in the nature of liquidated damages.
Jun 8, 2013 2:09 AM
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Answers · 5
(1) A court in the British Virgin Islands has to decide whether or not it will give legal effect to something not mentioned. But I presume that the thing not mentioned is an award of damages issued by a court in another country. (2) It doesn't matter if the court in the British Virgin Islands applies the law of the British Virgin Islands to the case, or the law of the foreign country. The reason it doesn't matter is because the result will be the same under either law: If any part of the damages were awarded as a penalty, the court of the British Virgin Islands will not give effect to that part. If any part of the damages are "liquidated damages," the British Virgin Island court will give effect to that part. (3) A "penalty" is a punishment. "Damages" are to compensate someone for a real loss, and "liquidated damages" are damages whose amount is agreed to in advance of the parties' transaction. Here's a simpler way: The British Virgin Islands court will not give effect to any part of the award of damages which is intended as a punishment, and will give effect to any part of the award which the parties agreed in advance will compensate the injured party for its loss; and it doesn't matter whether British Virgin Islands law applies, or if another country's law applies.
June 8, 2013
You cut the sentence off and removed the subject of the sentence, so I can only *guess* that the subject is a court judgment. If my surmise is correct, then your sentence means, in plain English: The judgment may not be upheld (honored) by a BVI court, regardless of whether or not the court applies the Foreign Laws, if the judgment for a monetary award was in the form of a penalty rather than compensation for damages (that the victim suffered). To understand this sentence, a little knowledge of Anglo-American common law is helpful. Generally common law courts do not like to enforce clauses in contracts that are punitive in nature, and prefer to enforce clauses that specify what sort of compensation the wrong-doing party must pay to the party that suffers the damage.
June 8, 2013
is legalese: The obligations of the Company under the Documents: “文件”项下公司职责: (a) may not be given effect to by a British Virgin Islands court, whether or not it was applying the Foreign Laws, if and to the extent they constitute the payment of an amount which is in the nature of a penalty and not in the nature of liquidated damages.
June 8, 2013
Can you provide the complex? The sentence is very unclear. It looks like it is either not written by a native or it is legalese (http://www.merriam-webster.com/dictionary/legalese). Legalese is usually very confusing even for native speakers :)
June 8, 2013
Sarah
Language Skills
Chinese (Mandarin), English, Spanish
Learning Language
English, Spanish