The doctrine of penalties and the 'absurd paradox': does it really matter in 2003?
Lal, H.
The doctrine of penalties and the 'absurd paradox': does it really matter in 2003? - 2003 - International Construction Law Review 20(4) October 2003, 505-516(12) .
Looks at the situation where when a sum is payable on the occurence of an event rather than upon breach of contract. It is irrelevant whether the payer can convince a court that penalties apply or whether equity has a role to prevent an 'absurd paradox'. The written contract is the most important item.
BREACH OF CONTRACT
PENALTIES
The doctrine of penalties and the 'absurd paradox': does it really matter in 2003? - 2003 - International Construction Law Review 20(4) October 2003, 505-516(12) .
Looks at the situation where when a sum is payable on the occurence of an event rather than upon breach of contract. It is irrelevant whether the payer can convince a court that penalties apply or whether equity has a role to prevent an 'absurd paradox'. The written contract is the most important item.
BREACH OF CONTRACT
PENALTIES