Beware of a penalty shoot-out -
The rule against penalties is rooted in public policy, aiming to prevent contractual provisions that punish the breaching party rather than protecting the interests of the innocent party. The...more
3/10/2025
/ Breach of Contract ,
Contract Disputes ,
Contract Terms ,
Damages ,
Dispute Resolution ,
Enforcement ,
Penalties ,
Public Policy ,
UK ,
Unenforceable Contract Terms ,
Waivers
The High Court has struck out the claims of over 200,000 individuals and businesses affected by the collapse of the Samarco dam in Brazil in 2015. At the root of the finding in Municipio de Mariana v BHP Group plc and BHP...more