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Liquidated Damages and Penalty Clauses by Halson, Roger (8th March 2018)

6 Specific Contracts and Contractual Provisions

From: Liquidated Damages and Penalty Clauses

Roger Halson

Subject(s):
Damages and contract — Liquidated or agreed damages — Penalty clauses and damages

This chapter examines specific contract types where stipulated damages provisions are frequently used, and thus will overlap with some material in the preceding chapters. The contracts examined include: contracts of employment; construction and engineering contracts; ‘shipping’ contracts, including charterparties and boatbuilding contracts; pervasive forms of contractual terms found in different contractual sub genres, including so-called take or pay clauses, and provisions for the payment of interest at an enhanced rate. Notwithstanding the wide range of contracts surveyed, the chapter only seeks to give an illustrative, rather than an exhaustive, account of the contexts in which stipulated damages clauses are encountered.

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