Read more
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]
List of contents
- 1: The Historical Origins of the 'Penalty' Rule
- 2: The Modern 'Penalty' Rule
- 3: The Legal Effect of Classification as a 'Penalty' or Valid Liquidated Damages Clause
- 4: The Rationale for the 'Penalty' Jurisdiction
- 5: Analogous Provisions and Avoidance Techniques
- 6: Specific Contracts and Contractual Provisions
- Conclusion
About the author
Professor Roger Halson is Professor of Contract and Commercial Law at the University of Leeds. He is the author or co-author of several books on contract law and remedies. His work has been cited by appellate courts in the United Kingdom and overseas.
Summary
This new book is the only work in print to focus exclusively on liquidated damages and penalty clauses. It analyses in depth a 2015 decision of the Supreme Court which recast the law on this feature of most high value commercial contracts and gives guidance how to avoid such provisions being unenforceable.
Additional text
Roger Halson's slim volume from Oxford University Press is probably the only current book in print which centres on liquidated damages and penalty clauses from the point of view of the practitioner. ,,, This OUP title is a most welcome short, yet succinct, statement on the law relating to liquidated damages and penalty clauses and is of great value and assistance to the modern practitioner.
Report
Roger Halson's slim volume from Oxford University Press is probably the only current book in print which centres on liquidated damages and penalty clauses from the point of view of the practitioner. ,,, This OUP title is a most welcome short, yet succinct, statement on the law relating to liquidated damages and penalty clauses and is of great value and assistance to the modern practitioner. Phillip Taylor MBE, Head of Chambers, and Elizabeth Taylor, Richmond Green Chamber
