Contractual penalties in Australian law after Andrews: an opportunity missed

Gray, Anthony (2013) Contractual penalties in Australian law after Andrews: an opportunity missed. Deakin Law Review, 18 (1). pp. 1-25. ISSN 1321-3660

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Abstract

This article considers the current state of the law with respect to penalties in contracts in the light of the recent High Court decision in Andrews. It argues that the Andrews decision was contrary to many of the existing precedents which had limited questions of relief against penalties to cases involving a breach of contract. The High Court should have acknowledged this, before explaining why reform of past principles was justified. Further, the Court should have taken the opportunity to subsume the anomlous principle regarding penalties in contracts into broader principles dealing with unconscionability.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: © Deakin University 2013. You may view this article and save an electronic copy, or print out a copy, for your own information, research or study, but only if you: do not modify the copy; and include the copyright notice on the copy.
Faculty / Department / School: Historic - Faculty of Business and Law - School of Law
Date Deposited: 30 Aug 2013 03:20
Last Modified: 04 Feb 2015 04:34
Uncontrolled Keywords: penalties; liquidated damages; unconscionability
Fields of Research : 16 Studies in Human Society > 1602 Criminology > 160203 Courts and Sentencing
18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
18 Law and Legal Studies > 1801 Law > 180105 Commercial and Contract Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/23979

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