Study On The Adjustment Of The Amount Of The Penalties For Breach Of A Contract

The legal theory foundation for to the adjustment of the amount of the penalties for breach of a contract: freedom of contract and its restrict, penalties for breach of a contract nature. By way of research of the countries'legislations in penalties for breach of a contract, this paper tries to set up a regime in relation to the range and procedures for a court to adjust the amounts of such penalties, and discuss the issues which should be taken into account by a court when the court is going to make such an adjustment. Aim is to provide a solution to removing the differences in adjustments of penalties by the courts which is a common issue in legal practice.