Paula Giliker – Penalty clauses in the private law courts of Europe – To enforce or not to enforce (or to modify)?

Should the courts be able to regulate contractual terms which impose a penalty for breach of contract?   This is a question which goes to the heart of the principle of freedom of contract.  We know that contracting parties will often seek to rely on penalty clauses to “discourage” the other party from breaking the contract … Continue reading Paula Giliker – Penalty clauses in the private law courts of Europe – To enforce or not to enforce (or to modify)?