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Liquidated damages provisions in contracts are unenforceable if they constitute a "penalty". The past few years have seen subtle but important shifts in how the concept of a penalty is defined. A recent decision from the Singapore Court of Appeal gives insight into the approach taken in that country. Background Leiman v Noble Resources Ltd [2020] SGCA 52 (28 May 2020) concerned the terms on which a senior executive (Mr Leiman) left his former employer (Noble).
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