v) In order to hold the offender liable under one of the two rules, it is not necessary for the offender to have actually questioned the damage that might result from a violation. As has often been pointed out, at the time of the contract, the parties do not consider the infringement, but their performance. It is sufficient that, had he considered the matter, he would have concluded, as a reasonable man, that the damage in question would be the consequence. „43. On the basis of a conspectus of the aforementioned authorities, the Law on the Replacement of Offences under Section 74 may be stated as follows: Section 74 declares the Law on Liability for Offences where compensation is predetermined by the consent of the parties or where there is a sanction requirement. However, the application of the order is not limited to cases where the victim, as an applicant, requests discharge. The section does not confer any particular benefit on any party; it merely states that, notwithstanding a clause in the contract that predetermines the damage or provides for the derogation of property as a sanction, the court receives only adequate compensation to the injured person that does not exceed the amount or penalty provided. The Tribunal`s jurisdiction is not determined by the fortuitous fact that the defaulting party is a plaintiff or defendant in a lawsuit. The use of the phrase „receiving from the party who broke the contract“ does not prejudge that the Tribunal`s jurisdiction to adjust the sums paid by the late party cannot be exercised to process the request of the party who complains contractually. In any event, the Tribunal must assess appropriate compensation to which the plaintiff is entitled by the defendant in the event of a breach of contract.
This compensation must be considered in light of the conditions in force at the time of the infringement.“ Note: A land contract must have certain written provisions that must be enforced by the expiry procedure. A buyer who discovers that the seller is trying to make the property contract should see a lawyer to make sure it complies with Iowa law. As explained above, if a buyer does not make payments requiring the terms of the land contract, the seller may sue forfeiture to obtain ownership of the house and land. Forfeiture may also be incurred if the buyer violates another condition of the land contract. For example, the buyer fails to keep the property in good repair. He or she can sell the property without the lender`s prior consent and without repaying the mortgage to another person, etc. Chapter 656 of the Iowa Code regulates the forfeiture of land contracts. You can find the Iowa code in your County Courthouse or in most local libraries. You can also check the legislature`s website: www.legis.state.ia.us/Code.html section 74 of the Indian Contract Act deals with the amount of damages in two categories of cases (i) when the contract mentions an amount to be paid in the event of an infringement and (ii) when the contract contains provisions other than the penalty. In this case, it is not a question of whether a contract of deposit for the correct performance of a contract falls within the first class.
The measure of compensation for violations of a criminal provision is, under Note 74, an appropriate compensation that does not exceed the penalty provided. With respect to the assessment of prejudice, the Court has jurisdiction to award compensation which it deems appropriate in light of all the circumstances of the case, subject to the sanction limit.