The stat, 8 and 9 W. 3, e. 11, s. 8, which enacts ‘That in actions on any penal sum for non-performance of covenants, and co. the plaintiff may assign as many breaches, and co. and if judgment shall be given for the plaintiff on nihil dicit the plaintiff may suggest on the roll as many breaches, and co. as he shall think fit, upon which shall issue a writ to the sheriff to summon a jury before the Justice of Assize, and co. to enquire, and co and to assess the damages,’ etc. is compulsory on the plaintiff; and he cannot enter up judgment for the whole penalty on a judgment by default, as he might have done at common law.
Citations:
[1794] EngR 2173, (1794) 5 TR 538, (1794) 101 ER 302 (B)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis SC 4-Nov-2015
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, . .
Lists of cited by and citing cases may be incomplete.
Equity
Updated: 07 May 2022; Ref: scu.371105
