Add to ORKGThis chapter analyses recent developments in Australian law and English law in relation to the rule against contractual penalties
An ‘agreed damages clause’ is a contractual provision whereby the parties agree on the damages one p...
In Andrews v ANZ, the High Court of Australia held that the rule against contractual penalties can a...
A contractual clause may provide that a party to the contract, on failing to perform an obligation u...
It has always been a common drafting technique in English and Australian law for contracts to contai...
Focusing on two recent decisions handed down by the highest authority in the United Kingdom and Aust...
Focusing on two recent decisions handed down by the highest authority in the United Kingdom and Aust...
The thesis compares recent developments to the tests to be applied to engage the penalty doctrine in...
All major common law countries have a judge-made rule according to which a contractual stipulation o...
Recent case law has brought the common law contractual penalty doctrine under scrutiny and has creat...
This article explores the changes in the law of penalties, which was until recently considered to be...
This article considers anew the question of whether discussion of contractual clauses as involving p...
As a consequence of the rule against penalties, contractual clauses with a penal character are unenf...
The doctrines of freedom and sanctity of contracts have combined in Anglo-Australian law to enable d...
Even though this century is still relatively young, it has already seen some significant development...
This paper examines the doctrine of relief against penalties. It asserts that the doctrine is once m...
An ‘agreed damages clause’ is a contractual provision whereby the parties agree on the damages one p...
In Andrews v ANZ, the High Court of Australia held that the rule against contractual penalties can a...
A contractual clause may provide that a party to the contract, on failing to perform an obligation u...
It has always been a common drafting technique in English and Australian law for contracts to contai...
Focusing on two recent decisions handed down by the highest authority in the United Kingdom and Aust...
Focusing on two recent decisions handed down by the highest authority in the United Kingdom and Aust...
The thesis compares recent developments to the tests to be applied to engage the penalty doctrine in...
All major common law countries have a judge-made rule according to which a contractual stipulation o...
Recent case law has brought the common law contractual penalty doctrine under scrutiny and has creat...
This article explores the changes in the law of penalties, which was until recently considered to be...
This article considers anew the question of whether discussion of contractual clauses as involving p...
As a consequence of the rule against penalties, contractual clauses with a penal character are unenf...
The doctrines of freedom and sanctity of contracts have combined in Anglo-Australian law to enable d...
Even though this century is still relatively young, it has already seen some significant development...
This paper examines the doctrine of relief against penalties. It asserts that the doctrine is once m...
An ‘agreed damages clause’ is a contractual provision whereby the parties agree on the damages one p...
In Andrews v ANZ, the High Court of Australia held that the rule against contractual penalties can a...
A contractual clause may provide that a party to the contract, on failing to perform an obligation u...