The New Law of Penalties: Mapping the Terrain

Journal of Business Law [2018] Forthcoming

Sydney Law School Research Paper No. 18/56

14 Pages Posted: 19 Sep 2018  

John Eldridge

The University of Sydney Law School

Date Written: September 19, 2018

Abstract

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

Eldridge, John, The New Law of Penalties: Mapping the Terrain (September 19, 2018). Journal of Business Law [2018] Forthcoming ; Sydney Law School Research Paper No. 18/56. Available at SSRN: https://ssrn.com/abstract=3251706

John Eldridge (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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