| 释义 |
penalty
pen·al·ty P0160000 (pĕn′əl-tē)n. pl. pen·al·ties 1. A punishment imposed for a violation of law.2. A sum established by a contract to be forfeited in lieu of actual damages in the event of a breach of the contract.3. The disadvantage or painful consequences resulting from an action or condition: neglected his health and paid the penalty.4. Sports a. A punishment, handicap, or loss of advantage imposed on a team or competitor for infraction of a rule.b. An infraction of a rule; a foul.c. A penalty kick.d. A penalty shot.5. Games Points scored in contract bridge by the opponents when the declarer fails to make a bid.
[Middle English penalte, from Old French penalite, from Medieval Latin poenālitās, from Latin poenālis, penal; see penal.]penalty (ˈpɛnəltɪ) n, pl -ties1. (Law) a legal or official punishment, such as a term of imprisonment2. some other form of punishment, such as a fine or forfeit for not fulfilling a contract3. loss, suffering, or other unfortunate result of one's own action, error, etc4. (General Sporting Terms) sport games a handicap awarded against a player or team for illegal play, such as a free shot at goal by the opposing team, loss of points, etc[C16: from Medieval Latin poenālitās penalty; see penal]pen•al•ty (ˈpɛn l ti)
n., pl. -ties. 1. a punishment imposed or incurred for a violation of law or rule. 2. a loss, forfeiture, etc., incurred by nonfulfillment of some obligation. 3. something forfeited, as money. 4. a disadvantage imposed upon one side for infraction of the rules of a game or sport. [1505–15; « Medieval Latin poenālitās. See penal, -ty2] Thesaurus| Noun | 1. |  penalty - the act of punishing penalisation, penalization, punishmentsocial control - control exerted (actively or passively) by group actionchastisement, castigation - verbal punishmentcorporal punishment - the infliction of physical injury on someone convicted of committing a crimecruel and unusual punishment - punishment prohibited by the 8th amendment to the U.S. Constitution; includes torture or degradation or punishment too severe for the crime committeddetention - a punishment in which a student must stay at school after others have gone home; "the detention of tardy pupils"discipline, correction - the act of punishing; "the offenders deserved the harsh discipline they received"economic strangulation - punishment of a group by cutting off commercial dealings with them; "the economic strangulation of the Jews by the Nazi Party"imprisonment - putting someone in prison or in jail as lawful punishmentmedicine, music - punishment for one's actions; "you have to face the music"; "take your medicine"self-punishment - punishment inflicted on yourselfstick - threat of a penalty; "the policy so far is all stick and no carrot"self-abasement, self-mortification, penance - voluntary self-punishment in order to atone for some wrongdoing | | 2. | penalty - a payment required for not fulfilling a contractpayment - a sum of money paid or a claim dischargedrequital, retribution - a justly deserved penaltyforfeit, forfeiture - a penalty for a fault or mistake that involves losing or giving up something; "the contract specified forfeits if the work was not completed on time"amercement, fine, mulct - money extracted as a penalty | | 3. | penalty - the disadvantage or painful consequences of an action or condition; "neglected his health and paid the penalty"disadvantage - the quality of having an inferior or less favorable positionadvantage, reward - benefit resulting from some event or action; "it turned out to my advantage"; "reaping the rewards of generosity" | | 4. | penalty - (games) a handicap or disadvantage that is imposed on a competitor (or a team) for an infraction of the rules of the gamegame - a contest with rules to determine a winner; "you need four people to play this game"handicap - advantage given to a competitor to equalize chances of winninggame misconduct - (ice hockey) a penalty that suspends a player for the remainder of a game (but allows the team to send in a substitute for the suspended player) |
penaltynoun1. punishment, price, fine, handicap, forfeit, retribution, forfeiture The maximum penalty is 7 years' imprisonment.2. disadvantage, difficulty, handicap, drawback, snag, uphill (S. African), downside, unpleasant aspect the penalty of being a girlpenaltynoun1. Something, such as loss, pain, or confinement, imposed for wrongdoing:castigation, chastisement, correction, discipline, punishment.2. A sum of money levied as punishment for an offense:amercement, fine, mulct.3. A coercive measure intended to ensure compliance or conformity:interdict, interdiction, sanction.Translationspenalty (ˈpenlti) – plural ˈpenalties – noun1. a punishment for doing wrong, breaking a contract etc. They did wrong and they will have to pay the penalty; The death penalty has been abolished in this country. 懲罰 惩罚2. in sport etc, a disadvantage etc that must be suffered for breaking the rules etc. The referee awarded the team a penalty; (also adjective) a penalty kick 犯規處罰 犯规处罚
penalty
penalty boxIn ice hockey, the area that a penalized player must stay in for the duration of the penalty. How are we going to tie this game with our best player in the penalty box?See also: box, penaltypay the penalty for (something)Literally, to pay money for something that incurs a cost. You're going to have to pay the penalty for the vase that your son broke. We didn't have to pay the penalty for the water we used at our previous residence, so we were shocked when our first water bill came in the mail after moving to this country.See also: pay, penaltypay the penaltyTo experience the consequences of one's actions or misdeeds. If you get caught cheating on your exam, you'll have to pay the penalty—which could include expulsion. I sure paid the penalty for staying up late when I fell asleep at my desk in the library.See also: pay, penaltypay the penalty 1. Lit. to pay a fine for doing something wrong. You ran the red light and now you will have to pay the penalty. 2. Fig. to suffer the consequences for doing something wrong. My head really hurts. I am paying the penalty for getting drunk last night.See also: pay, penaltypay the ˈprice/ˈpenalty (for something/for doing something) suffer as a result of bad luck, a mistake or something you have done: They’ve made a lot of mistakes in the past and now they’re paying the price. ♢ I’m really paying the penalty for all those late nights. I feel terrible today.See also: pay, penalty, pricePenalty
Penalty in civil law, a means of ensuring performance of obligations. The penalty is a sum of money determined by law (legal penalty) or under contract (contract penalty) which the responsible party is obligated to pay if the obligation is not carried out or is carried out improperly. A penalty is paid for violation of contract conditions regarding time, quality, and method of per formance; it is recovered regardless of whether losses actually occur or how large such losses are. According to Soviet law, the obligation to pay a penalty is supplementary (accessory) to the primary obligation. Any agreement concerning a penalty must be concluded in written form to be effective. The size and form of the penalty are determined by the nature of the violation of the original obligation. Imposed as a fine, the penalty is a fixed sum or definite percentage of the total unfulfilled or improperly fulfilled obligation. Fines are applied for violation of contract conditions regarding such elements as product quality, completeness of deliveries, efficient use of transport, and observance of the rules of documents transfer in the course of clearing accounts. A penalty is also paid for delay in performance of an obligation, whether for delay in turning over work or for delay in payment. The amount of such a penalty equals a fixed sum or a percentage of the value of the delayed performance, increasing with the duration of the delay. Depending on the combination of losses and penalties recovered, the following types of penalties are distinguished: an offset penalty, discharged with the recovery of losses; an exclusive penalty, the collection of which excludes recovery of losses; a contract penalty, collected together with losses; and an alternative penalty, by which the aggrieved party has the right to demand recovery of either the penalty or actual losses. The penalty is used to strengthen plan and contract discipline. The collection of penalties by socialist organizations is therefore viewed by the law not only as a right but also as a duty to the state. Payment of a penalty does not release the responsible party from performance of the obligation itself, with the exception of cases where the plan on which an obligation between socialist organizations was based is no longer in force. E. G. POLONSKII
Penalty (Russian penia, from the Latin poena, “punishment”), under Soviet civil law, a sum of money paid for each day of delay in the performance of an obligation or the imperfect performance of an obligation by a guilty party. It is calculated as a percentage of the sum of the unfulfilled or improperly performed obligation. Payment of the penalty does not release the debtor from the fulfillment of his obligation. Penalty
Related to Penalty: death penaltyPenaltyA punitive measure that the law imposes for the performance of an act that is proscribed, or for the failure to perform a required act. Penalty is a comprehensive term with many different meanings. It entails the concept of punishment—either corporal or pecuniary, civil or criminal—although its meaning is usually confined to pecuniary punishment. The law can impose a penalty, and a private contract can provide for its assessment. Pecuniary penalties are frequently negotiated in construction contracts, in the event that the project is not completed by the specified date. penaltyn. 1) in criminal law, a money fine or forfeiture of property ordered by the judge after conviction for a crime. 2) an amount agreed in advance if payment or performance is not made on time, such as a "late payment" on a promissory note or lease, or a financial penalty for each day a building contractor fails to complete a job. 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. penalty
penaltyA payment required as a result of breaking the law or sometimes for breaching the terms of a contract. Most contract drafters assiduously avoid the term because private penalties are not enforceable. Instead, contract drafters use the terms liquidated damages, delay payments, or late fees.Even the prepayment penalty is really not a penalty but compensation to a lender for the loss of income suffered when a loan is paid off earlier than the terms allow. See PEN
See PENpenalty
Related to penalty: death penaltySynonyms for penaltynoun punishmentSynonyms- punishment
- price
- fine
- handicap
- forfeit
- retribution
- forfeiture
noun disadvantageSynonyms- disadvantage
- difficulty
- handicap
- drawback
- snag
- uphill
- downside
- unpleasant aspect
Synonyms for penaltynoun something, such as loss, pain, or confinement, imposed for wrongdoingSynonyms- castigation
- chastisement
- correction
- discipline
- punishment
noun a sum of money levied as punishment for an offenseSynonymsnoun a coercive measure intended to ensure compliance or conformitySynonyms- interdict
- interdiction
- sanction
Synonyms for penaltynoun the act of punishingSynonyms- penalisation
- penalization
- punishment
Related Words- social control
- chastisement
- castigation
- corporal punishment
- cruel and unusual punishment
- detention
- discipline
- correction
- economic strangulation
- imprisonment
- medicine
- music
- self-punishment
- stick
- self-abasement
- self-mortification
- penance
noun a payment required for not fulfilling a contractRelated Words- payment
- requital
- retribution
- forfeit
- forfeiture
- amercement
- fine
- mulct
noun the disadvantage or painful consequences of an action or conditionRelated WordsAntonymsnoun (games) a handicap or disadvantage that is imposed on a competitor (or a team) for an infraction of the rules of the gameRelated Words- game
- handicap
- game misconduct
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