End-of-chapter questions: Answer Guidance 28.2

This answer focusses on the requirement for a breach of contract. It is important to answer this question, rather than a more general question on whether the rule against penalties is a desirable rule. Of course, the latter question may feed into your answer to this question set, but you need to make it clear to any examiner that you have read and understood the question deliberately posed. Good answers will engage not only with Makdessi but also the decision of the High Court of Australia in Andrews, and consider whether it is satisfactory to maintain a requirement for breach of contract.