Convergence between Australian common law and English common law: The rule against penalties in the age of freedom of contract

Author

Man YIP, Singapore Management University, School of LawFollow
Yihan GOH, Singapore Management UniversityFollow

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

Commercial Law | Contracts

Publication

Common Law World Review

Volume

46

Issue

1

First Page

61

Last Page

68

ISSN

0036-2905

Publisher

SAGE Publications (UK and US)

Embargo Period

7-31-2018

Citation

YIP, Man and GOH, Yihan. Convergence between Australian common law and English common law: The rule against penalties in the age of freedom of contract. (2017). Common Law World Review. 46, (1), 61-68.
Available at: https://ink.library.smu.edu.sg/sol_research/2138

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.

Additional URL

http://doi.org/10.1177/1473779516682445