Subject to Review? Consideration, Liquidated Damages and the Penalty Jurisdiction

• Main Author: MIK, Eliza
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2014
• Subjects: liquidated damages; penalty jurisdiction; contractual damages; Contracts; Jurisdiction
• Online Access: https://ink.library.smu.edu.sg/sol_research/1737; https://ink.library.smu.edu.sg/context/sol_research/article/3689/viewcontent/Subject_to_Review.pdf
• Institution: Singapore Management University

The paper examines the relationship between what seem to be basic principles in contract law: "consideration need not be adequate" and "the rule against penalties applies only to sums payable on breach." The 'reluctant inspiration' lies in the recent Australian case of...