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Del. Code tit. 6, § 2505D

Fines and penalties under contracts

Known as the Delaware Servicemembers Civil Relief Act

The act spans §§ 6–6 (13 sections).

79 Del

(a) Prohibition of penalties. — When an action for compliance with the terms of a contract is stayed pursuant to this chapter, a penalty shall not accrue for failure to comply with the terms of the contract during the period of the stay.

(b) Reduction or waiver of fines or penalties. — If a servicemember fails to perform an obligation arising under a contract and a penalty is incurred arising from that nonperformance, a court may reduce or waive the fine or penalty if:

(1) The servicemember was in military service at the time the fine or penalty was incurred; and

(2) The ability of the servicemember to perform the obligation was materially affected by such military service.

Official source: Delaware Code Online. Reproduced from public-domain Delaware statutes; confirm against the official source for the current text. Not legal advice.