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It is a longstanding and common drafting technique in Australia and England for contracts to contain an agreed remedy in which one party (A) can claim against the other (B) if B fails to fulfil their side of the bargain.
This book aims to provide a comprehensive answer to a vital question that affects consumer, commercial and government contracting: when will a court refuse to enforce A’s right to an agreed remedy because it impermissibly punishes B? In doing so, this book provides readers with: