Deposits: New thoughts on forfeiture of deposits

Bryan Cave Leighton Paisner LLP | Property Law Journal | March 2012 #286
Recent cases have questioned the longheld view that an unreasonable deposit is a penalty that can be repaid in full, as Laurie Heller finds out ‘Modern English courts do not appear to apply penalty rules to deposits or to clauses providing for forfeiture of sums that have already been paid.’ In a contract for the …

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Landlord And Tenant Update: Penalty clauses

Hogan Lovells | Property Law Journal | June 2011 #272
Nathan Searle and Kate Wilford explain the importance of watching out for potentially unenforceable penalty clauses and suggest some ways of tackling these issues. ‘There is no longer a clear dichotomy between unenforceable penalty clauses and enforceable liquidated damages clauses.’A penalty is a clause designed to deter a breach of contract, by providing for a …

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