Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 23 No 11 Nov/Dec 2018

Book of the Month

Cover of Paget's Law of Banking

Paget's Law of Banking

Edited by: John Odgers, Pagets
Price: £559.99

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Biall2018b
Keating.jpeg
Ws hxmas
Chitty
Lexis banking
Lexis insurance
Marshall hall xmas

Liquidated Damages and Penalty Clauses


ISBN13: 9780198785132
Published: March 2018
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £125.00



In stock.

Also available as
£104.17
+ £20.83 VAT

This, the only book in print to focus on liquidated damages and penalty clauses, analyses the common law jurisdiction to control stipulated damages clauses, and the distinction between enforceable liquidated damages clauses and unenforceable penalty clauses.

The first part examines the historical origin of the control of these clauses, the second describes the current control of such clauses and their legal effect, the third critically examines the various rationales that have been proposed to justify their regulation and the final part describes analogous provisions and how to avoid drafting contractual clauses that are rendered unenforceable by the penalty rule.

The book examines approaches in several common law jurisdictions in addition to England and Wales, including the United States, Australia, New Zealand, and Canada, and brings together principles developed in distinct commercial law contexts (such as shipping contracts) to enable comparison between particular contractual settings.

Subjects:
Contract Law, Construction Law
Contents:
1: The Historical Origins of the 'Penalty' Rule
2: The Modern 'Penalty' Rule
3: The Legal Effect of Classification as a 'Penalty' or Valid Liquidated Damages Clause
4: The Rationale for the 'Penalty' Jurisdiction
5: Analogous Provisions and Avoidance Techniques
6: Specific Contracts and Contractual Provisions
Conclusion