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Doctrine of fundamental breach

RRonny9y ago
Hi Sir, I am unable to understand the doctrine of fundamental breach at all. Can you please help Thanks
MikeLittleMikeLittleTutor9y ago#1
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?
RRonny9y ago#2
Thank u so much Sir. means a lot
MikeLittleMikeLittleTutor9y ago#3
You're welcome
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