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Doctrine of fundamental breach

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Doctrine of fundamental breach

  • This topic has 3 replies, 2 voices, and was last updated 8 years ago by MikeLittle.
Viewing 4 posts - 1 through 4 (of 4 total)
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  • August 21, 2016 at 4:14 pm #334388
    firelion28
    Member
    • Topics: 159
    • Replies: 83
    • ☆☆☆

    Hi Sir,

    I am unable to understand the doctrine of fundamental breach at all. Can you please help

    Thanks

    August 21, 2016 at 5:44 pm #334397
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23327
    • ☆☆☆☆☆

    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?

    August 21, 2016 at 7:20 pm #334407
    firelion28
    Member
    • Topics: 159
    • Replies: 83
    • ☆☆☆

    Thank u so much Sir. means a lot

    August 21, 2016 at 8:02 pm #334410
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23327
    • ☆☆☆☆☆

    You’re welcome

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