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”
Tag: Section 75
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”
THE CUBIC PUZZLE & LIQUIDATED DAMAGES I
The Federal Court revisited section 75 of the Contracts Act 1950 in a recent case. This may have an impact on the liquidated damages clauses in construction contracts. Continue reading “THE CUBIC PUZZLE & LIQUIDATED DAMAGES I”