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Swedish Case Note on the Penalty Clause Decisions by the UK Supreme Court
Stockholm University, Faculty of Law, Department of Law.
2017 (English)In: European Review of Private Law, ISSN 0928-9801, E-ISSN 1875-8371, Vol. 25, no 1, p. 241-253Article in journal (Refereed) Published
Abstract [en]

The UK Supreme Court has recently decided two interesting cases on harsh remedies for breach of contract (the penalty doctrine). I will give approximate descriptions of the cases and compare the outcome in the UK Supreme Court with the likely outcomes and reasonings as if the cases were tried by the Swedish Supreme Court. My conclusion is that the outcomes would be similar. The reasonings would differ slightly, but not much. The applicable types of sources of law, however, differ considerably.

Place, publisher, year, edition, pages
2017. Vol. 25, no 1, p. 241-253
National Category
Law (excluding Law and Society)
Identifiers
URN: urn:nbn:se:su:diva-150585ISI: 000426215600016OAI: oai:DiVA.org:su-150585DiVA, id: diva2:1169433
Available from: 2017-12-27 Created: 2017-12-27 Last updated: 2018-04-03Bibliographically approved

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