(Just some thoughts to be kicked around & picked to pieces!!)
In Common Law, terms in a contract which are particularly onerous have to be fairly brought to the attention of the other party (Thornton v Shoe Lane Parking Ltd.)
Interfoto Picture Library Ltd. v Stiletto Visual Programmes Ltd.
Bingham L.J.:
"The common law has also made it's contribution, by holding that certain cases of contract require the utmost good faith, by treating as irrecoverable what purport to be agreed estimates of damage but are in truth a disguised penalty for breach.........."
OK, start kicking & picking!!
In Common Law, terms in a contract which are particularly onerous have to be fairly brought to the attention of the other party (Thornton v Shoe Lane Parking Ltd.)
Interfoto Picture Library Ltd. v Stiletto Visual Programmes Ltd.
Bingham L.J.:
"The common law has also made it's contribution, by holding that certain cases of contract require the utmost good faith, by treating as irrecoverable what purport to be agreed estimates of damage but are in truth a disguised penalty for breach.........."
OK, start kicking & picking!!
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