Martin B regretted that he was ‘bound by the cases’ and prevented from holding that ‘parties are at liberty to enter into any bargain they please’ so that ‘if they have made an improvident bargain they must take the consequences’. Bramwell B did not share the concern.
Judges:
Martin B, Bramwell B
Citations:
[1859] EngR 585, (1859) 4 H and N 506, (1859) 157 ER 938
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis SC 4-Nov-2015
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 07 May 2022; Ref: scu.287937
