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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.
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 ...