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Amwelladmin (talk | contribs) (Created page with "{{casenote|Dunlop Pneumatic Tyre Co Ltd|New Garage & Motor Co Ltd}} '' (1915) AC 79, is a leading case on penalty clauses (bad) and liquidated damages clauses (good)....") |
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Lord Dunedin had suggested the following often quoted factors: | Lord Dunedin had suggested the following often quoted factors: | ||
*if the sum stipulated for is “extravagant” and “unconscionable” in amount in comparison with the greatest loss that could conceivably be proved to have followed from the breach. | |||
*if the breach consisted only in the non-payment of money and the provision provided for the payment of a larger sum. | |||
*if the same sum is payable in a number of events of varying gravity (this is a rebuttable presumption). | |||
*A provision is not penal by reason only of the impossibility of precisely pre-estimating the true loss. | |||
Glossed over more recently by {{casenote|ParkingEye Ltd|Beavis}} and {{casenote|Cavendish Square Holdings|El Makdessi}} | Glossed over more recently by {{casenote|ParkingEye Ltd|Beavis}} and {{casenote|Cavendish Square Holdings|El Makdessi}}, which seem better fit for the kinder, gentler world we now inhabit. |