为什么把“违约赔偿”叫Liquidated Damage，即LD？ liquidate本来就是‘清算’的意思啊！ damages在法律术语中就是‘赔偿金’的意思呢（注意是复数）。 网络上有一段文字解释得很清楚，摘录如下： a "liquidated damages clause" is a provision, placed in the contract itself, specifying the consequences of breach. (example: contractor contracts to paint owner’s house for $10,000. in the basic contract, the parties agree that for every day after the deadline that contractor finishes, the price charged by him will be reduced by $100. this provision is a liquidated damages clause.) general rule: courts will enforce liquidated damages provisions, but only if the court is satisfied that the provision is not a "penalty." that is, the court wants to be satisfied that the clause really is an attempt to estimate actual damages, rather than to penalize the party for breach by awarding "damages" that are far in excess of the ones actually suffered. therefore, in order to be enforceable, the liquidated damage clause must always meet one, and sometimes two, requirements: 1. reasonable forecast: the amount fixed must be reasonable relative to the anticipated or actual loss for breach; and 2. difficult calculation: in some courts, the harm caused by the breach must be uncertain or very difficult to calculate accurately, even after the fact.查看更多
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