It is quite possible and common for the parties to agree between themselves the amount of damages that will be awarded in the event of breach of contract. Damages that are agreed between the parties are referred to as liquidated damages. The Courts draw a distinction between liquidated damages clause and penalty.

With the aid of case law, discuss the principles, which the Courts have developed to distinguish a liquidated damage clause from a penalty clause.

Discuss the equitable doctrine of undue influence. 

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Certainly In the case of distinguishing between a liquidated damages clause and a penalty clause leg... View the full answer