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?

You’re welcome