Adrian Baron
April 2002
A paper based on the first prize winning entry in the Hudson Prize Competition 2001 presented to the Society of Construction Law in London on 9th April 2002.
Where the sum stipulated in a penalty clause is penal, the clause will not be enforced by a court. The author considers whether or not such a clause remains enforceable to limit the quantum of damages recoverable at common law, looking at the case law over the years.
Introduction – The generally accepted indicia of a penalty – Can a party claim more than the penal sum? – Does a penalty clause operate as a limitation on damages? – Conclusion
The author: Adrian Baron is a senior associate with Deacons, lawyers, in Brisbane, Australia; he holds the degrees of Bachelor of Arts, Bachelor of Laws with Honours and Master of Laws, and is completing a PhD.
Text 16 pages.
PDF file size: 228k
Publication year
2002