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ParkingEye Ltd v Beavis: Difference between revisions
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This concept of proportionality tied to the innocent party’s legitimate interest is the real paradigm shift in the law. Courts must now consider what, if any, legitimate business interest is served and protected by a given clause, and then consider whether the clause is proportionate to such interest. | This concept of proportionality tied to the innocent party’s legitimate interest is the real paradigm shift in the law. Courts must now consider what, if any, legitimate business interest is served and protected by a given clause, and then consider whether the clause is proportionate to such interest. | ||
Second, the Supreme Court confirmed the principle that only “secondary” obligations, that come about upon breach of “primary” contractual obligations, can be penalties. What counts as a primary or a secondary obligation | Second, the Supreme Court confirmed the principle that only “secondary” obligations, that come about upon breach of “primary” contractual obligations, can be penalties. What counts as a primary or a secondary obligation isn’t all that obvious. Was the obligation to sell shares a primary or secondary obligation? | ||