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Penalty Clauses: A high threshold
The Supreme Court has issued a landmark judgment on penalty clauses. Paul Joukador, Nathan Searle, Jane Dockeray and Ingrid Stables discuss the implications ‘It remains to be seen how the courts will determine what is and is not extravagant, exorbitant or unconscionable, particularly where the contracting parties are not on a level playing field.’In its …
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