Liquidated Damages and Penalty Clauses

Nonfiction, Reference & Language, Law, Contracts, Commercial
Cover of the book Liquidated Damages and Penalty Clauses by Roger Halson, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Roger Halson ISBN: 9780191087967
Publisher: OUP Oxford Publication: March 1, 2018
Imprint: OUP Oxford Language: English
Author: Roger Halson
ISBN: 9780191087967
Publisher: OUP Oxford
Publication: March 1, 2018
Imprint: OUP Oxford
Language: English

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. Cited in the Court of Appeal, New Zealand, in 127 Hobson Street Ltd v Honey Bees Preschool Ltd [2019] NZCA 122 [18 April 2019]

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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. Cited in the Court of Appeal, New Zealand, in 127 Hobson Street Ltd v Honey Bees Preschool Ltd [2019] NZCA 122 [18 April 2019]

More books from OUP Oxford

Cover of the book Democracy: A Very Short Introduction by Roger Halson
Cover of the book Bad Medicine by Roger Halson
Cover of the book Development and Distribution by Roger Halson
Cover of the book Decision Modelling for Health Economic Evaluation by Roger Halson
Cover of the book Black Holes: A Very Short Introduction by Roger Halson
Cover of the book Monaghan on Equality Law by Roger Halson
Cover of the book Heidegger: A Very Short Introduction by Roger Halson
Cover of the book Ezra Pound: Poet by Roger Halson
Cover of the book The Royal Navy and the German Threat 1901-1914 by Roger Halson
Cover of the book The Intelligent Web by Roger Halson
Cover of the book Why We Need a New Welfare State by Roger Halson
Cover of the book Madhumalati by Roger Halson
Cover of the book Documents in International Economic Law by Roger Halson
Cover of the book Languages: A Very Short Introduction by Roger Halson
Cover of the book The Oxford History of Hinduism: Hindu Law by Roger Halson
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy