The law of penalties and the question of breach
Article
Gray, Anthony. 2017. "The law of penalties and the question of breach." Australian Business Law Review. 45 (1), pp. 8-27.
Article Title | The law of penalties and the question of breach |
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ERA Journal ID | 33106 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | Australian Business Law Review |
Journal Citation | 45 (1), pp. 8-27 |
Number of Pages | 20 |
Year | 2017 |
Place of Publication | Sydney, Australia |
ISSN | 0310-1053 |
Web Address (URL) | http://sites.thomsonreuters.com.au/journals/category/australian-business-law-review/ |
Abstract | 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. |
Keywords | penalties, liquidated damages, genuine pre-estimate of damage,e Andrews, ANZ, Paciocco |
ANZSRC Field of Research 2020 | 480699. Private law and civil obligations not elsewhere classified |
Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
Byline Affiliations | School of Law and Justice |
Institution of Origin | University of Southern Queensland |
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