Contract Law

Relief Against Contractual Penalties: Rationality, Fusion and Incommensurability

The law respecting relief against contractual penalties is attended by considerable uncertainty. This seminar will survey recent doctrinal developments in this sphere, before proceeding to examine two unresolved questions. The first is whether Australian law ought to recognise two jurisdictions to relieve against contractual penalties - one at common law and another in equity - or whether the rationality and coherence of the law would best be promoted by the recognition of a unitary penalty rule.

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Updated:  10 August 2015/Responsible Officer:  College General Manager, ANU College of Law/Page Contact:  Law Marketing Team