Straffeklausuler

Straffeklausuler, often translated as penalty clauses or liquidated damages clauses, are contractual provisions that stipulate a pre-determined sum of money to be paid by one party to another in the event of a breach of contract. These clauses are intended to compensate the non-breaching party for losses that may be difficult to quantify at the time of the breach. The primary purpose is to establish a clear and certain remedy, avoiding protracted and costly litigation to ascertain actual damages.

For a straffeklausul to be enforceable, it must generally represent a genuine pre-estimate of likely loss and not be a penalty designed solely to punish the breaching party. Courts scrutinize these clauses to ensure they are not punitive in nature. If deemed a penalty, the clause may be invalidated, and the non-breaching party would then need to prove their actual losses. Factors considered in this assessment include the reasonableness of the stipulated amount in relation to the potential loss, the relative bargaining power of the parties, and whether the parties genuinely intended the sum to be a pre-estimate of damages.

Straffeklausuler are commonly found in various types of contracts, including construction, supply agreements, and leases. They can provide certainty for both parties by defining the financial consequences of non-performance. However, their enforceability can be a complex legal issue, and careful drafting is essential to ensure they serve their intended purpose without being struck down by a court as an unenforceable penalty.