Hi Sir,
I am unable to understand the doctrine of fundamental breach at all. Can you please help
Thanks
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Doctrine of fundamental breach
Let's see just how much of this doctrine it's necessary to understand
- it applies in cases where, within a contract, exclusion of liability clauses are included
- for many years it was believed that it was not possible for one party to try to avoid liability for a breach of condition (a fundamental breach)
- eventually the House of Lords (now known as the Supreme Court) determined that it was possible to exclude liability even in the case of total non-performance
this was confirmed by the Supreme Court on appeal from the Court of Appeal in the Photoproductions case
Now, how much do you need to know?
Not a lot! Just that it IS possible to exclude liability for breach even when that breach is fundamental
But beware Unfair Contract Terms Act which considers equality of bargaining power
OK?
Thank u so much Sir. means a lot
You're welcome
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