This new book is the only work in print to focus exclusively on liquidated damages and penalty clauses. It analyses in depth a 2015 decision of the Supreme Court which recast the law on this feature of most high value commercial contracts and gives guidance how to avoid such provisions being unenforceable.
This new book is the only work in print to focus exclusively on liquidated damages and penalty clauses. It analyses in depth a 2015 decision of the Supreme Court which recast the law on this feature of most high value commercial contracts and gives guidance how to avoid such provisions being unenforceable.
Professor Roger Halson is Professor of Contract and Commercial Law at the University of Leeds. He is the author or co-author of several books on contract law and remedies. His work has been cited by appellate courts in the United Kingdom and overseas.
Inhaltsangabe
1: The Historical Origins of the 'Penalty' Rule 2: The Modern 'Penalty' Rule 3: The Legal Effect of Classification as a 'Penalty' or Valid Liquidated Damages Clause 4: The Rationale for the 'Penalty' Jurisdiction 5: Analogous Provisions and Avoidance Techniques 6: Specific Contracts and Contractual Provisions Conclusion
1: The Historical Origins of the 'Penalty' Rule 2: The Modern 'Penalty' Rule 3: The Legal Effect of Classification as a 'Penalty' or Valid Liquidated Damages Clause 4: The Rationale for the 'Penalty' Jurisdiction 5: Analogous Provisions and Avoidance Techniques 6: Specific Contracts and Contractual Provisions Conclusion
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