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Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1914] UKHL 1 (1 July 1914) is an English contract law case, concerning the extent to which damages may be sought for failure to perform of a contract when a sum is fixed in a contract. It held that only if a sum is of an unconscionable amount will it be considered penal and unenforceable.
The origin of the common law rules relating to penalties is often taken to be the decision of the House of Lords in the Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd decision in 1914. [4] But the jurisdiction is actually much older.
The decision was based on the doctrine of privity of contract, as retailer Selfridge had bought Dunlop's goods from an intermediary and had no contractual relationship with Dunlop. In the case of Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1915] AC 79, the House of Lords upheld the enforceability of the requirement in the resale ...
Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1915] AC 79 — The House of Lords decided that a liquidated damages clause would be considered a penalty and therefore unenforceable where the sum to be paid by the defendant was 'extravagant and unconscionable in amount in comparison with the greatest loss that could conceivably be ...
Denny, Mott & Dickson Ltd v James B Fraser & Co Ltd; Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd; Dickinson v Dodds; Dillwyn v Llewelyn; Drabble (Harold) Ltd v Hycolite Manufacturing Co; Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd; Dutton v Bognor Regis UDC
Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] UKHL 1 (26 April 1915), [1915] AC 847 is an English contract law case, with relevance for UK competition law, decided in the House of Lords. It established that an agreement for resale price maintenance was unenforceable as a matter of privity of contract .
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