from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
STIPULATED DAMAGES, contracts. The sum agreed by the parties to be paid, on
a breach of a contract, by the party violating his engagement to the other.
2. It is difficult to distinguish, in some cases, between stipulated
damages and a penalty; (q.v.) 3 Chitty's Commer. Law, 627; 2 Bos. & Pull.
346. The effect of inserting stipulated damages, either at law or equity, a
pears to be, that both parties must abide by the stipulation, and the
prescribed sum must be given. Holt, C. N. P. 46 Newl. Contr. 313; see 5
Taunt. Rep. 247. Vide Damages, Liquidated.