Penalty Clauses: Lessons from Australia and England and Possible Legislative Reforms

24 Pages Posted: 14 Jan 2019

See all articles by Wen Jian Wong

Wen Jian Wong

National University of Singapore (NUS) - Faculty of Law

Date Written: September 1, 2018

Abstract

The law on penalty clauses has, until recently, remained largely unchanged, with only minor developments over the years. However, there have been significant developments in both Australia and England and Wales in recent times. Singapore’s position on the penalty rule has remained unchanged despite these developments. While some High Court authorities in Singapore have suggested that they are inclined towards adopting the developments seen in England and Wales, such a step should only be taken after careful consideration of the implications of these developments which are explored in this article. This article takes the opportunity to examine and evaluate the law on penalty clauses in various jurisdictions and discusses the key issues surrounding the law on penalty clauses, and the possible legislative reforms for Singapore.

Suggested Citation

Wong, Wen Jian, Penalty Clauses: Lessons from Australia and England and Possible Legislative Reforms (September 1, 2018). Singapore Journal of Legal Studies, Sep 18, pp 104–127, Available at SSRN: https://ssrn.com/abstract=3315127

Wen Jian Wong (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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