The relationship between liquidated damages provisions, exclusion clauses and termination provisions is the issue in Triple Point Technology Inc v PTT Public Company, which was heard by the Supreme Court on 12th November 2020.  In that case a software supplier had agreed to a liquidated damages provision for delay, but had never completed the contract.  In other cases the Courts have had to consider whether a repudiatory breach can permit a party to claim more than liquidated damages.

The Quadcast team considered the Court of Appeal judgment in Triple Point Technology and how the arguments have been deployed in the Supreme Court, and the circumstances in which a party can argue that its damages are at large, notwithstanding a liquidated damages provision.