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Why is sum identified in a penalty clause not included in an assessment of damages in contract law, if that penalty has already been agreed by both parties under the contract.
Because the Court doesn’t like the idea that parties can pre-agree on penalty clauses! The Court says “That’s our job”
It Is acceptable to agree on a clause that genuinely represents a reasonable estimate of costs where things may go wrong in the future but that reasonable pre-estimate is not in the nature of a penalty
OK?
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