The relevance of breach to the applicability of the rule against penalties

Harder, Sirko (2013) The relevance of breach to the applicability of the rule against penalties. Journal of Contract Law, 30. pp. 52-69. ISSN 1030-7230

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Abstract

In Andrews v ANZ, the High Court of Australia held that the rule against contractual penalties can apply even though the event triggering the alleged penalty is not a breach of contract. This differs from the law in all jurisdictions of the United Kingdom and from the previous understanding of Australian law. This article investigates how the restriction of the scope of the rule against penalties to instances of breach operates in various situations, and
discusses possible alternatives to that restriction.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law > K0600 Private law
Depositing User: Sirko Harder
Date Deposited: 22 Sep 2014 09:49
Last Modified: 07 Mar 2017 06:11
URI: http://sro.sussex.ac.uk/id/eprint/50121

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