Challenging liquidated damages
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For 100 years the tests set out in Dunlop Pneumatic Tyre Co Ltd v New Garage Motor Co Ltd [1915] AC 79 were accepted as rules for deciding whether a liquidated damages clause was enforceable. These tests were as follows: the liquidated damages rate will be treated as a penalty if...Explore the subscription options here to get full access to isurv, including downloads.
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