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is that right? English-Chinese translation. still confused. 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. (4)无论“公司”职责是否使用“外国法”,只要付款是由罚款而不是违约赔偿金构成的,英属维尔京群岛将不会使之生效;
Jun 15, 2013 3:08 AM
Answers · 2
The Chinese is very close, but just a little bit off, and the original English is missing the subject. I don't know for certain what may not be given effect to by the BVI court, but my best guess is "monetary damages". If my guess is correct, here is how I would simplify the sentence: A BVI court may not uphold the monetary damages, whether the court was applying the Foreign Laws or not, if such damages are in the form of a penalty rather than liquidated damages. (Liquidated damages = a pre-agreed upon amount of damages to be paid to the non-breaching party in the event the breaching party causes any damage to the non-breaching party.) Or in Chinese: 無論法院是否適用「外國法」,英屬維京群島法院有可能判決該損害賠贘金為無效,如果法院判定該賠贘金為「懲罰性罰款」而非「約定損害賠償金」。 According to Common Law, liquidated damages are legal and enforceable in court, whereas penalties are not (in Contract Law).
June 15, 2013
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