Article
Convergence between Australian common law and English common law: The rule against penalties in the age of freedom of contract
Common Law World Review
Publication Type
Case
Version
publishedVersion
Publication Date
3-2017
Abstract
This note discusses the High Court of Australia decision of Paciocco v Australia and New Zealand Bank Group Limited on the rule against penalty clauses and situates its importance in light of the UK Supreme Court decision of Cavendish Square Holding BV v Talal El Makdessi and Beavis v ParkingEye Ltd.
It compares the analytical frameworks laid down in the two cases and
points out some unresolved issues in this area of law even following
these cases.
Keywords
- Contracts,
- Australia common law,
- English common law
Discipline
Publisher
SAGE Publications (UK and US)
Creative Commons License
Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International
Additional URL
http://doi.org/10.1177/1473779516682445
Citation Information
Man YIP and Yihan GOH. "Convergence between Australian common law and English common law: The rule against penalties in the age of freedom of contract" Common Law World Review Vol. 46 Iss. 1 (2017) p. 61 - 68 ISSN: 0036-2905 Available at: http://works.bepress.com/yihan-goh/47/