Penalty: The Punishment, and the Kick
A penalty is a punishment for breaking a rule. English contract law treats penalties differently from ordinary damages, which surprises people.
A penalty is a punishment imposed for breaking a rule or a law. English law draws a sharp line in contracts: a clause fixing a genuine estimate of loss is enforceable, but one designed purely to punish is not. That is why contracts talk about *liquidated damages* rather than penalties. In football the word simply means a free kick from twelve yards.
- A punishment for breaking a rule. *A financial penalty.*
- A disadvantage suffered. *The penalty of fame.*
- A free kick or shot in sport. *He scored from the penalty spot.*
Word forms
| Form | Word | Example |
|---|---|---|
| Noun | penalty | A stiff penalty. |
| Plural | penalties | Late penalties. |
| Adjective | penal | The penal system. |
| Verb | penalise | Penalise the offender. |
| Related | fine | A parking fine. |
How it is used in a sentence
- The penalty for late filing is automatic.Tax and regulation.
- The match went to penalties.A shoot-out to decide a drawn game.
- Under penalty of law.A warning phrase on official notices.
Penalty in different fields
- Law — punishment for an offence
- Contract — a clause meant to punish, often unenforceable
- Football — a kick from the spot after a foul in the area
- Golf — a stroke added for a rule breach
- Tax — a surcharge for late payment or error
From Medieval Latin *poenalitas*, from Latin *poena*, punishment, from Greek *poine*, blood money or penalty. The same root gives *pain*, *punish* and *subpoena*.
Are penalty clauses enforceable?
In English law, only if they represent a genuine pre-estimate of loss or protect a legitimate interest. Clauses designed simply to punish are struck down.
Is *pain* related to *penalty*?
Yes. Both come from Latin *poena*, punishment. The phrase *on pain of death* preserves the older meaning.