Last November, the UK Supreme Court handed down the most important and comprehensive decision in the area of agreed damages clauses in over a century: Cavendish Square Hodling BV v Talal El Makdessi. The significance of the decision lies not only in the detailed review (and critique) of the seminal cases in the area, but also in the possible expansion of the standard test deployed to establish whether a sum payable on breach constitutes an unenforceable penalty or a liquidated damages clause. The traditional dichotomy of sums designed to deter and sums constituting a “genuine pre-estimate of loss” seems to have been supplemented by a third category: sums protecting an interest in the performance of the contract. At the same time, re-emphasizing the distinction between primary and secondary obligations, the Supreme Court distanced itself from the controversial Australian decision Andrews v Australia and New Zealand Banking Group Ltd, which extended the penalty jurisdiction to sums payable otherwise than on breach. This seminar offers a detailed analysis of the Supreme Court’s reasoning with special regard to its practical implications for commercial drafting practice.
About the Speaker
Eliza Mik is an Assistant Professor of Law at the Singapore Management University. She holds a PhD in Law from the University of Sydney and has practiced in several jurisdictions. Before joining SMU, she spent over 10 years advising on technology procurement and software licensing. Presently, Eliza teaches Contract Law, Business Law as well as the Law of E-Commerce. Her main research interests are contractual damages and the commercial utilization of the Internet.
Participants can enjoy either:
a. Seminar fee
Seminar fee of S$200* (inclusive of GST) applies.
b. Group discount fee
Group discount fee of S$180* (inclusive of GST) applies if there are at least 10 participants from the same organisation.
c. SMU Alumni fee (for LLB / JD / LLM graduates)
Seminar fee of S$180* (inclusive of GST) applies for SMU LLB / JD / LLM Alumni.
d. Student rate
Seminar fee of S$50* (inclusive of GST) applies for full-time undergraduate student (matriculation card must be provided in order to enjoy this entitlement).
*Please note that there will be no refund should participant choose to cancel the registration / did not attend the seminar. However transferring of registration / substituton can be arranged at no additional cost. Notice of transfer / substitution must be sent to email@example.com no later than 17 March 2016.
The SMU School of Law reserves the right of cancellation. Full refund of seminar fees will be given only if the seminar is cancelled.
For enquiries, please contact Ms Sascha Ng via email: firstname.lastname@example.org