The New Law of Penalties: Mapping the Terrain
Journal of Business Law, vol. 8, 2018, pp. 637-651.
14 Pages Posted: 19 Sep 2018 Last revised: 21 Nov 2018
Date Written: September 19, 2018
This paper gives an account of recent developments in respect of the penalty rule in Australia and England, before going on to explore two unresolved questions. The first is whether Australian law recognises two jurisdictions to relieve against penalties – one in equity and another at common law – or instead a unitary penalty doctrine. The second is the important question of how the recent developments are playing out “on the ground”.
Keywords: Contract Law, Rule Against Penalties, Relief Against Penalties, Legitimate Interests, Equity, Fusion
JEL Classification: K10, K12, K30
Suggested Citation: Suggested Citation