THE CUBIC PUZZLE & LIQUIDATED DAMAGES III – MORE CONFUSION

This final part of the Cubic Puzzle series highlights further confusion arising from the Cubic case, due to discrepancies between the principles enunciated by the FC and their purported application to the facts. Continue reading “THE CUBIC PUZZLE & LIQUIDATED DAMAGES III – MORE CONFUSION”

THE CUBIC PUZZLE & LIQUIDATED DAMAGES II – THE PROPORTIONALITY CONFUSION

Following the Cubic Puzzle I, this post highlights the confusion over what is the test to decide if the agreed amount payable on breach (“damages clause amount”) is “reasonable compensation” under section 75, Contracts Act 1950. Continue reading “THE CUBIC PUZZLE & LIQUIDATED DAMAGES II – THE PROPORTIONALITY CONFUSION”