Abstract: The comment presents the interpretation of contractual clauses under scrutiny in Cavendish Square Holdings BV v Makdessi; ParkingEye Ltd v Beavis according to Polish law. The authors describe the regulation on liquidated damages, the limitations to the freedom of contract and the role of general clauses in the assessment of the fairness of a transaction. Using different concepts and general clauses a Polish court would probably reach the same outcome in Cavendish and uphold the validity of the disputed clauses; the result can be different in ParkingEye.
European Review of Private Law