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Liquidated damages clause in aircraft purchase agreement not an unenforceable penalty | Allen & Overy LLP


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The claimant aircraft manufacturer claimed damages under an aircraft purchase agreement for the non-payment of pre-delivery payments (PDPs) following the defendant’s failure to pay the PDPs and to take delivery of a number of aircraft. The court granted summary judgment in favour of the claimant, and found that the liquidated damages clause in the agreement was not an unenforceable penalty:
De Havilland Aircraft of Canada Ltd v SpiceJet Ltd [2021] EWHC 362 (Comm)
The defendant entered into an aircraft purchase agreement with the claimant, under which it agreed to buy 25 aircraft. The defendant paid for and took delivery of the first five aircraft, but failed to pay the PDPs in respect of the remaining aircraft and failed to take delivery of the next three aircraft that were due to be delivered. ....

Makdessiv Cavendish , Change Order , Scheduled Delivery Months , Scheduled Delivery Month , Lord Dunedin , மாற்றம் ஆர்டர் , ஆண்டவர் ட்யூநிடிந் ,

Singapore highest court issues landmark judgment on penalty clauses | Dentons


The rule against penalties – a primer
For well over a century, commercial parties have stipulated liquidated damages clauses (LD clauses) in contracts to avoid the cumbersome task of assessing damages payable upon the occurrence of an event, typically, a breach of contract. However, such clauses risk being unenforceable if they flout the rule against penalties. The courts in most Commonwealth jurisdictions (including Singapore) have traditionally regarded LD clauses as penalties that are unenforceable if they do not represent a genuine pre-estimate of loss, and go beyond compensating a party for its loss.
This approach reflects a judicial policy of ensuring that parties do not ‘overreach’, and has its roots in Lord Dunedin’s judgment in ....

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