The common law doctrine of penalty is inapplicable where the triggering event is not a breach of contract.
Citations:
[1938] 2 KB 83
Jurisdiction:
England and Wales
Cited by:
Approved (Obiter) – Campbell Discount Company Ltd v Bridge HL 1962
The parties disputed the validity of a clause in a car hire contract relating to the consequences of a breach.
Held: (Majority) The agreement had been terminated by breach rather than by the exercise of an option, so that the stipulated . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 08 May 2022; Ref: scu.450463
