Swedish Case Note on the Penalty Clause Decisions by the UK Supreme Court - European Review of Private Law View Swedish Case Note on the Penalty Clause Decisions by the UK Supreme Court by - European Review of Private Law Swedish Case Note on the Penalty Clause Decisions by the UK Supreme Court 25 1

Abstract: The UK Supreme Court has recently decided two interesting cases on harshremedies for breach of contract (the penalty doctrine). I will give approximate-descriptions of the cases and compare the outcome in the UK Supreme Courtwith the likely outcomes and reasonings as if the cases were tried by the SwedishSupreme Court. My conclusion is that the outcomes would be similar. The reasoningswould differ slightly, but not much. The applicable types of sources of law, however, differ considerably.

European Review of Private Law