The law of penalties and the question of breach

Gray, Anthony (2017) The law of penalties and the question of breach. Australian Business Law Review, 45 (1). pp. 8-27. ISSN 0310-1053


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.

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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to Published version, in accordance with the copyright policy of the publisher.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 10 Mar 2017 04:03
Last Modified: 21 Sep 2018 01:17
Uncontrolled Keywords: penalties, liquidated damages, genuine pre-estimate of damage,e Andrews, ANZ, Paciocco
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180105 Commercial and Contract Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified

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