Penalty Clauses: Seven Principles Stated By The U.K. Supreme Court
November 30, 2015
The recent judgment of the Supreme Court of the United Kingdom in Cavendish Square Holding BV v Talal El Makdessi is a must-read for anyone
Interpretation Saves Contract From Penalty Doctrine
October 25, 2015
Contract law contains a fundamental rule: penalty clauses are prohibited and liquidated damage clauses are permitted. But in its recent decision in Ottawa Community Housing
Is A Deposit Forfeited In Absence Of Proven Damages?
October 13, 2013
The forfeiture of a deposit is one of the major tools for ensuring that contracts are performed. But there is a debate about whether a
Ontario Court of Appeal Affirms Legal Principles For Agent’s Authority And Liquidated Damage
January 28, 2013
Two recurring issues in construction law are the authority of agents and liquidated damages. The agency issue is this: if the principal is to be