In both England and Australia, the rule against penalties is in a state of flux. Recent years have provided a string of decisions which have seen the doctrine transformed. At the same time, the scrutiny to which the rule has been subject has re-ignited a number of important normative debates as to its justification and proper function. These developments have elicited a considerable volume of thoughtful commentary. Yet though the ground in this area is now well tilled, a number of important questions remain to be resolved. This short article has two objects. The first is to give a concise account of the recent developments in this sphere. The second is to essay a tentative resolution to two questions, and in doing so to illuminate a number of general patterns and trends in the law of contract in Australia and England …
John Eldridge, ‘The new law of penalties: mapping the terrain’  Journal of Business Law 637.