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The doctrine of penalties and the 'absurd paradox': does it really matter in 2003?

By: Series: International Construction Law Review ; 20(4) October 2003, 505-516(12)Publication details: 2003Subject(s): Summary: 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.

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.