Editing Contracts/Fundamental breach
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This decision was clearly fair to the buyer, and ''Karsales v Wallis'' soon became the leading case on "fundamental breach". As a matter of law, under the doctrine of fundamental breach of contract, exclusion clauses were deemed not to be available to a party in fundamental breach of the contract. However, all was not well, as business people felt alarmed that an agreed contract term could be set aside by a court; there seemed to be no "certainty".{{fact|date=November 2018}} | This decision was clearly fair to the buyer, and ''Karsales v Wallis'' soon became the leading case on "fundamental breach". As a matter of law, under the doctrine of fundamental breach of contract, exclusion clauses were deemed not to be available to a party in fundamental breach of the contract. However, all was not well, as business people felt alarmed that an agreed contract term could be set aside by a court; there seemed to be no "certainty".{{fact|date=November 2018}} | ||
Also, there arose some confusion as to what "fundamental breach" actually was. Some alleged it was a breach that went to "the root of the contract", a breach so fundamental it would permit the distressed party to [[anticipatory repudiation|repudiate]] the contract and claim damages. However, since both common law<ref>''[[Bettini v Gye]]'' (1876)</ref> and statute<ref>e.g. [[The Sale of Goods Act 1893]]</ref> already recognised that while that breach of warranty entitled a claimant only to damages, any breach of condition would entitle a claimant both repudiation and damages, it seemed that fundamental breach offered nothing new.<ref>In other words, fundamental breach was not some kind of "super breach of condition".</ref> | Also, there arose some confusion as to what "fundamental breach" actually was. Some alleged it was a breach that went to "the root of the contract", a breach so fundamental it would permit the distressed party to [[anticipatory repudiation|repudiate]] the contract and claim damages. However, since both common law<ref> ''[[Bettini v Gye]]'' (1876)</ref> and statute <ref>e.g. [[The Sale of Goods Act 1893]]</ref> already recognised that while that breach of warranty entitled a claimant only to damages, any breach of condition would entitle a claimant both repudiation and damages, it seemed that fundamental breach offered nothing new.<ref>In other words, fundamental breach was not some kind of "super breach of condition".</ref> | ||
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