Search Result for "penalty":
Wordnet 3.0

NOUN (4)

1. the act of punishing;
[syn: punishment, penalty, penalization, penalisation]

2. a payment required for not fulfilling a contract;

3. the disadvantage or painful consequences of an action or condition;
- Example: "neglected his health and paid the penalty"

4. (games) a handicap or disadvantage that is imposed on a competitor (or a team) for an infraction of the rules of the game;


The Collaborative International Dictionary of English v.0.48:

Penalty \Pe"nal*ty\, n.; pl. Penalties. [F. p['e]nalit['e]. See Penal.] 1. Penal retribution; punishment for crime or offense; the suffering in person or property which is annexed by law or judicial decision to the commission of a crime, offense, or trespass. [1913 Webster] Death is the penalty imposed. --Milton. [1913 Webster] 2. The suffering, or the sum to be forfeited, to which a person subjects himself by covenant or agreement, in case of nonfulfillment of stipulations; forfeiture; fine. [1913 Webster] The penalty and forfeit of my bond. --Shak. [1913 Webster] 3. A handicap. [Sporting Cant] [1913 Webster] Note: The term penalty is in law mostly applied to a pecuniary punishment. [1913 Webster] Bill of pains and penalties. See under Bill. On penalty of, or Under penalty of, on pain of; with exposure to the penalty of, in case of transgression. [1913 Webster]
WordNet (r) 3.0 (2006):

penalty n 1: the act of punishing [syn: punishment, penalty, penalization, penalisation] 2: a payment required for not fulfilling a contract 3: the disadvantage or painful consequences of an action or condition; "neglected his health and paid the penalty" [ant: advantage, reward] 4: (games) a handicap or disadvantage that is imposed on a competitor (or a team) for an infraction of the rules of the game
Moby Thesaurus II by Grady Ward, 1.0:

98 Moby Thesaurus words for "penalty": abatement, acquittal, agio, allowance, amercement, bank discount, breakage, burden, burthen, cargo, cash discount, castigation, chain discount, charge, charge-off, chastening, chastisement, concession, condemnation, condign punishment, correction, cross, cumbrance, cut, deadweight, decision, deduction, depreciation, deserts, difficulty, disadvantage, disciplinary measures, discipline, discount, drawback, embarrassment, encumbrance, ferule, fine, forfeit, freight, hamper, handicap, impediment, impedimenta, imposition, imprisonment, incarceration, inconvenience, infliction, judgment, judicial punishment, kickback, landmark decision, load, lumber, mulct, nemesis, onus, pack, pains, pains and punishments, pay, payment, penal retribution, penalty clause, penance, penology, percentage, premium, price, price reduction, price-cut, punishment, punition, rebate, rebatement, reduction, refund, retribution, retributive justice, rollback, salvage, scourge, sentence, setoff, tare, time discount, trade discount, tret, trouble, underselling, verdict, weight, well-deserved punishment, what-for, white elephant, write-off
Bouvier's Law Dictionary, Revised 6th Ed (1856):

PENALTY, contr. A clause in an agreement, by which the obligor agrees to pay a certain sum of money, if he shall fail to fulfill the contract contained in another clause of the same agreement. 2. A penal clause in an agreement supposes two obligations, one of which is the primitive or principal; and the other, is, conditional or accessory. 3. The penal obligation differs from an alternative obligation, for this is but one in its essence; while a penalty always includes two distinct engagements, and, when the first is fulfilled, the second is void. When a breach has taken place, the obligee has his option to require the fulfillment of the first obligation, or' the payment of the penalty, in those cases which cannot be relieved in equity, when the penalty is considered as liquidated damages. Dalloz, Dict. mots Obligation avec clause penale. 4. It is difficult, in many cases, to distinguish between a penalty and liquidated damages. In general, the courts have inclined to consider the sum reserved by such agreement to be a penalty, rather than as stipulated damages. (q.v.) 5. The sum will be considered as a penalty, and not as liquidated damages, in the following cases: 1. When the parties to the agreement have expressly declared the sum to be a penalty, and no other intent is to be collected from the instrument. 2 Bos. & P. 346; 1 H. Bl. 227; 1 Pick. 45 1; 4 Pick. 179; 7 Wheat. 14; 3 John. Cases, 297. 2. When from the form of the instrument, as in the case of a money bond, it is sufficiently clear a penalty was intended. 3. When it is doubtful whether the sum was intended as a penalty or not, and a certain damage or debt is made payable on the face of the instrument. 2 B. & P. 350; 3 C. & P. 240. 4. When the agreement was evidently made for the attainment of another object, to which the sum, specified is wholly collateral, 11 Mass. 76; 15 Mass. 488; 1 Bro. C. C. 418, 419. 5. When the agreement contains several matters, of different degrees of importance, and yet the sum mentioned is payable for the breach of any, even the least. 6 Bing. 141; 5 Bing. N. C. 390; 7 Scott, 364. 6. When the contract is not under seal, and the damages may be ascertained and estimated; and this though the parties have expressly declared the sum to be as liquidated damages. 2B. & Ald. 704; 6 B. & C. 216; 4 Dall. 150; 5 Cowen, 144. See 2 Greenl. Ev. 258. 1 Holt N. P. C. 43 1 Bing. R. 302; S. C. 8 Moore, 244; 4 Burr. 2229. 6. The penalty remains unaffected, although the condition may have been partially performed; as in a case where the penalty was one thousand dollars, and the condition was to pay an annuity of one hundred dollars, which had been paid for ten years; the penalty was still valid. 5 Verm. 365. 7. A distinction seems to be made in courts of equity between penalties and forfeitures. In cases of forfeiture for the breach of any covenant other than a covenant to pay rent, relief will not be granted in equity, unless upon the ground of accident, fraud, mistake, or surprise, when the breach is capable of compensation. Edin. on Inj. 22; 16 Ves. 403; S. C. 18 Ves. 58 3 Ves. 692; 4 Bouv. List. n. 3915. 8. By penalty is understood, also, the punishment inflicted by law for its violation; the term is mostly applied to a pecuniary punishment. See 6 Pet. 404; 10 Wheat. 246; 1 Gall. R. 26; 2 Gall. R. 515; 1 Mason, R. 243; 3 John. Cas. 297: R. 451; 15 Mass. 488; 7 John. 72 4 Mass. 433; 8 Mass. 223; 8 Com. Dig. 846; 16 Vin. Ab. 301; 1 Vern. 83, n.; 1 Saund. 58, n.; 1 Swans. 318; 1 Wash. C. C. R. 1; 2 Wash. C. C. R. 323; Paine, C. C. R. 661; 7 Wheat. 13. See, generally, Bouv. Inst. Index, h.t.




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