A Legal Commentary on the Position of Liquidated Ascertained Damages in the United Kingdom
The purpose of this paper is to consider the various aspects of a liquidated agreed damages clause (LAD) in contracts, from the perspective of recent English case-laws in the United Kingdom. The focus is on the law on penalty generally in terms of its principles and criteria that are needed for a cl...
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| Format: | Article |
| Language: | English |
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INTI Publishing House Sdn. Bhd.
2006
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| Online Access: | http://eprints.intimal.edu.my/357/ http://eprints.intimal.edu.my/357/1/2006_3.pdf |
| _version_ | 1848766457440108544 |
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| author | Balasingam, Usharani |
| author_facet | Balasingam, Usharani |
| author_sort | Balasingam, Usharani |
| building | INTI Institutional Repository |
| collection | Online Access |
| description | The purpose of this paper is to consider the various aspects of a liquidated agreed damages clause (LAD) in contracts, from the perspective of recent English case-laws in the United Kingdom. The focus is on the law on penalty generally in terms of its principles and criteria that are needed for a clause to be a valid LAD clause, the rationale for parties to agree to such a LAD clause and the effects of a LAD clause in a contract. The definition, use and implication of exclusion clauses and limitation clauses are also considered. The purpose of this paper is moreover to focus the mind of contracting parties on the legal considerations as to the nature and effect of such clauses. Better understanding of the legal implications of such clauses would place the parties in a better position to negotiate and protect their own interests. Recommendations and safeguards are suggested for the benefit of the contracting parties. |
| first_indexed | 2025-11-14T11:51:27Z |
| format | Article |
| id | intimal-357 |
| institution | INTI International University |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T11:51:27Z |
| publishDate | 2006 |
| publisher | INTI Publishing House Sdn. Bhd. |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | intimal-3572016-06-22T06:15:15Z http://eprints.intimal.edu.my/357/ A Legal Commentary on the Position of Liquidated Ascertained Damages in the United Kingdom Balasingam, Usharani KF United States Federal Law The purpose of this paper is to consider the various aspects of a liquidated agreed damages clause (LAD) in contracts, from the perspective of recent English case-laws in the United Kingdom. The focus is on the law on penalty generally in terms of its principles and criteria that are needed for a clause to be a valid LAD clause, the rationale for parties to agree to such a LAD clause and the effects of a LAD clause in a contract. The definition, use and implication of exclusion clauses and limitation clauses are also considered. The purpose of this paper is moreover to focus the mind of contracting parties on the legal considerations as to the nature and effect of such clauses. Better understanding of the legal implications of such clauses would place the parties in a better position to negotiate and protect their own interests. Recommendations and safeguards are suggested for the benefit of the contracting parties. INTI Publishing House Sdn. Bhd. 2006 Article PeerReviewed text en http://eprints.intimal.edu.my/357/1/2006_3.pdf Balasingam, Usharani (2006) A Legal Commentary on the Position of Liquidated Ascertained Damages in the United Kingdom. INTI Journal, 2 (1). pp. 537-551. ISSN 1675-0284 |
| spellingShingle | KF United States Federal Law Balasingam, Usharani A Legal Commentary on the Position of Liquidated Ascertained Damages in the United Kingdom |
| title | A Legal Commentary on the Position of Liquidated Ascertained Damages in the United Kingdom |
| title_full | A Legal Commentary on the Position of Liquidated Ascertained Damages in the United Kingdom |
| title_fullStr | A Legal Commentary on the Position of Liquidated Ascertained Damages in the United Kingdom |
| title_full_unstemmed | A Legal Commentary on the Position of Liquidated Ascertained Damages in the United Kingdom |
| title_short | A Legal Commentary on the Position of Liquidated Ascertained Damages in the United Kingdom |
| title_sort | legal commentary on the position of liquidated ascertained damages in the united kingdom |
| topic | KF United States Federal Law |
| url | http://eprints.intimal.edu.my/357/ http://eprints.intimal.edu.my/357/1/2006_3.pdf |