This case, which is brought by writ of error from the Court of Exchequer, is an action of debt upon articles of agreement containing divers stipulations of things to be done by the defendant; and there is a penal clause, whereby the parties became mutually bound to each other in the penal sum of 100l for the performance of the articles. The action is brought for that penalty, and the plaintiff, in his declaration, alleged the breach of several of the stipulations entered into by the defendant. These breaches were severally denied by the defendant, and issues were joined thereon. All the issues were found for the plaintiff, and a verdict given for him for 1s.
Citations:
[1794] EngR 782, (1794) 5 TR 636, (1794) 101 ER 355 (B)
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.369714
