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New Variations on the Rule Against Penalties
As a consequence of the rule against penalties, contractual clauses with a penal character are unenforceable. The rule has recently undergone significant revision in both the United Kingdom and Australia, following decisions ...
Radical Change to the Rule Against Penalties in England
This case note, co-authored with one of my Honours students, draws attention to a significant English decision that changed the law on penal clauses in contracts.