This article considers anew the question of whether discussion of contractual clauses as involving penalties is confined to the context of breach of contract claims, or is part of a broader judicial discretion to review the substance of contracts. This follows the High Court's second decision in this area within five years, with differences evident in the recent decision compared with the Andrews decision of 2012. This makes the current and future Australian position unclear
Following the recognition by the House of Lords in AG v Blake of the gain-based remedy of an account...
An ‘agreed damages clause’ is a contractual provision whereby the parties agree on the damages one p...
Focusing on two recent decisions handed down by the highest authority in the United Kingdom and Aust...
This article considers anew the question of whether discussion of contractual clauses as involving p...
In Andrews v ANZ, the High Court of Australia held that the rule against contractual penalties can a...
All major common law countries have a judge-made rule according to which a contractual stipulation o...
This article considers the current state of the law with respect to penalties in contracts in the li...
This article considers the extent to which an Australian court might be willing to declare a contrac...
Recent case law has brought the common law contractual penalty doctrine under scrutiny and has creat...
It has always been a common drafting technique in English and Australian law for contracts to contai...
Whether a contractual term is penal and therefore unenforceable has usually been determined by disti...
This chapter analyses recent developments in Australian law and English law in relation to the rule ...
Even though this century is still relatively young, it has already seen some significant development...
This article explores the changes in the law of penalties, which was until recently considered to be...
As a consequence of the rule against penalties, contractual clauses with a penal character are unenf...
Following the recognition by the House of Lords in AG v Blake of the gain-based remedy of an account...
An ‘agreed damages clause’ is a contractual provision whereby the parties agree on the damages one p...
Focusing on two recent decisions handed down by the highest authority in the United Kingdom and Aust...
This article considers anew the question of whether discussion of contractual clauses as involving p...
In Andrews v ANZ, the High Court of Australia held that the rule against contractual penalties can a...
All major common law countries have a judge-made rule according to which a contractual stipulation o...
This article considers the current state of the law with respect to penalties in contracts in the li...
This article considers the extent to which an Australian court might be willing to declare a contrac...
Recent case law has brought the common law contractual penalty doctrine under scrutiny and has creat...
It has always been a common drafting technique in English and Australian law for contracts to contai...
Whether a contractual term is penal and therefore unenforceable has usually been determined by disti...
This chapter analyses recent developments in Australian law and English law in relation to the rule ...
Even though this century is still relatively young, it has already seen some significant development...
This article explores the changes in the law of penalties, which was until recently considered to be...
As a consequence of the rule against penalties, contractual clauses with a penal character are unenf...
Following the recognition by the House of Lords in AG v Blake of the gain-based remedy of an account...
An ‘agreed damages clause’ is a contractual provision whereby the parties agree on the damages one p...
Focusing on two recent decisions handed down by the highest authority in the United Kingdom and Aust...